Agenda 08/27/2024 Item #16D 2 (To utilize grant funds for hardening activities to support critical facilities throughout Collier County)08/27/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the First Amendment to the Community
Development Block Grant Mitigation subrecipient agreement between Collier County and Collier Health
Services, Inc., dba Healthcare Network, for the hardening of the Marion E. Fether Medical Clinic in
Immokalee to amend grant language as required by the grantor agency, the State of Florida Department of
Commerce. (Housing Grant Fund 1835)
OBJECTIVE: To utilize grant funds for hardening activities to support critical facilities throughout Collier
County. This meets the County’s strategic plan objective to prepare for the impacts of natural disasters on our
critical infrastructure and natural resources.
CONSIDERATIONS: In response to the 2017 presidentially-declared disaster for Hurricane Irma, Congress
appropriated funding for the Community Development Block Grant Mitigation (CDBG-MIT) program to mitigate
future disasters. The U.S. Department of Housing and Urban Development (HUD) has provided federal funding to
the State of Florida Department of Commerce (DOC) (formerly known as the Department of Economic
Opportunity) to harden critical public facilities to mitigate and become more resilient to future disasters. The
CDBG-MIT program - Critical Facility Hardening Program (CFHP) program, has a focus on mitigation of future
disasters including hurricanes, wildfires, and other natural disasters.
On April 15, 2020, the DOC announced the first round of CDBG-MIT funding. The DOC required the unit of local
government to serve as the applicant and coordinate applications on behalf of the local municipalities, healthcare
providers, and other public agencies. On June 29, 2020, the County Manager approved the “After the Fact”
submittal of the CDBG-MIT grant application. On July 14, 2020 (Agenda Item #16.D.6), the Board of County
Commissioners (Board) approved the “After-the-Fact” submittal of the application to the DOC.
On February 4, 2021, the DOC awarded Collier County CDBG-MIT funds. On June 28, 2022 (Agenda Item
#16.D.7), the Board accepted CDBG-MIT funds for the hardening projects, including Marion E. Fether Center -
Healthcare Network.
On December 13, 2022 (Agenda Item #16.D.6), the Board approved the subrecipient grant agreement between
Collier County and Collier Health Services, Inc., dba Healthcare Network. This agreement has a period of
performance of August 4, 2022 - August 3, 2026 and totals $206,240. The current scope of work includes: the
installation of sixty-six (66) existing impact doors and windows that are compliant with Florida Building Codes.
The proposed First Amendment to the Subrecipient Agreement is necessary to update County contact information,
add Section 1.7 Citizen Complaints (at the request of DOC), and add additional provisions for Part 4, General
Provisions, to ensure compliance with federal and state requirements.
FISCAL IMPACT: The proposed actions have no new Fiscal impact. The funding for CDBG-MIT resides in
Housing Grant Fund (1835), Project 33806.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -CJS
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 to the Community
Development Block Grant Mitigation subrecipient agreement between Collier County and Collier Health Services,
Inc., dba Healthcare Network, for the hardening of the Marion E. Fether Medical Clinic in Immokalee to amend
grant language as required by the grantor agency, the State of Florida Department of Commerce.
16.D.2
Packet Pg. 1466
08/27/2024
Prepared By: Parker Smith, Grants Coordinator; Community and Human Services Division
ATTACHMENT(S)
1. [linked] UNEX AGRMT SUB 2022 08-04 CHS, MIT22-001 (PDF)
2. CDBG-MIT Healthcare Network Marion E. Fether MIT22-01 Amendment #1 - CAO Stamped & CHSI
Signed (PDF)
3. CHSI Sunbiz (PDF)
4. EVerify Company Profile HCN (PDF)
16.D.2
Packet Pg. 1467
08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 29460
Item Summary: Recommendation to approve and authorize the Chairman to sign the First Amendment to the
Community Development Block Grant Mitigation subrecipient agreement between Collier County and Collier
Health Services, Inc., dba Healthcare Network, for the hardening of the Marion E. Fether Medical Clinic in
Immokalee to amend grant language as required by the grantor agency, the State of Florida Department of
Commerce. (Housing Grant Fund 1835)
Meeting Date: 08/27/2024
Prepared by:
Title: Grants Coordinator – Community & Human Services
Name: Parker Smith
07/19/2024 8:18 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
07/19/2024 8:18 AM
Approved By:
Review:
Community & Human Services Vanessa Collier PSD Reviewer Completed 07/23/2024 10:00 AM
Community & Human Services Darrick Gartley PSD Reviewer Completed 07/29/2024 8:18 AM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 07/29/2024 9:38 AM
Community & Human Services Donald Luciano PSD Reviewer Completed 08/01/2024 10:48 AM
Community & Human Services Kristi Sonntag CHS Review Completed 08/05/2024 10:03 AM
Public Services Department Todd Henry Level 1 Department Review Completed 08/05/2024 3:02 PM
County Attorney's Office Carly Sanseverino Level 2 Attorney Review Completed 08/05/2024 3:09 PM
Grants Erica Robinson Level 2 Grants Review Completed 08/06/2024 8:48 AM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
08/13/2024 5:48 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 08/15/2024 5:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2024 9:19 AM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 08/16/2024 4:42 PM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 08/19/2024 11:41 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/20/2024 11:43 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
16.D.2
Packet Pg. 1468
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 60 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Don Luciano Community and Human DL 12/09/22
Services
2. County Attorney Office County Attorney Office DOC til(GI z v
3. BCC Office Board of County
Commissioners 6,1 4I44i /0/472 _
4. Minutes and Records Clerk of Court's Office
plgtIVN Itirx
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Don Luciano,Manager,Federal& State Phone Number 239-252-2509
Contact/ Department Grant Operations,Community and Human
Services
Agenda Date Item was December 13,2022 (BCC Meeting date) Agenda Item Number 16.D.6
Approved by the BCC
Type of Document Subrecipient Agreement,Collier Health Number of Original 3
Attached Services,Inc dba Healthcare Network Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. Initial) Applicable)
1. Does the document require the chairman's original signature? 1)4
2. Does the document need to be sent to another agency for additional signatures? If yes, DL
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be DL
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's DL
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the DL
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DL
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip DL
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 12/13/22 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County
1/ 0 e an option for
Attorney's Office has reviewed the changes,if applicable. 1 J this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the n I,
N/A
option for
Chairman's signature.
0 s line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Instructions 1 b D 63.
1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to:
Don Luciano
Manager, Federal & State Grant Operations
Collier County Government l Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 211
Naples, FL 34112
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
160 6
FAIN# N/A
Federal Award Date February 4,2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grants/State's Program
Non-Entitlement
Grants in Hawaii
CFDA/CSFA# 14.228
Total Amount of Federal 206,240.00
Funds Awarded
Subrecipient Name Collier Health Services,
Inc. dba Healthcare
Network
UEI# GPXBQKU6AJA5
FEIN 59-1741277
R&D NA
Indirect Cost Rate NA
Period of Performance August 4,2022-August
3,2026
Fiscal Year End 2031
Monitor End: August 3,2031
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier Health Services,Inc. dba Healthcare Network
CDBG-Mitigation Program
THIS AGREEMENT is made and entered into this e day of oc-coseet.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 Collier Health Services, Inc. dba Healthcare Network
SUBRECIPIENT"), a private non-profit organization having its principal office at 1454 Madison Ave.
W., Immokalee,FL 34142 .
WHEREAS, the COUNTY has entered into an Agreement with the State of Florida Department
of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community
Development Block Grant Mitigation(CDBG-MIT) Program in certain areas of Collier County, pursuant
to Title I of the Housing and Community Development Act of 1974(as amended); and
WHEREAS, on July 14, 2020,the Board of County Commissioners("Board") approved Agenda
Item 16D.6—the"After-the-Fact"submittal of five(5)applications to the DEO; and
WHEREAS, on February 4, 2021,the DEO awarded CDBG-MIT funds to four(4)of the five(5)
submitted applications; and
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WHEREAS,on June 28,2021,the Board accepted the four(4)awards under Agenda Item 16.D.7
including the Marion E. Fether Medical Center Hardening; and
WHEREAS, all CDBG-MIT activities carried out by SUBRECIPIENT will: (1) meet the
definition of mitigation activities; for the purpose of this funding,mitigation activities are defined as those
activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury,
damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters; (2)
address the current and future risks as identified in DEO's Mitigation Needs Assessment of most impacted
and distressed area(s); (3) be CDBG-eligible activities under Title I of the Housing and Community
Development Act of 1974 (HCDA) or otherwise eligible pursuant to a waiver or alternative requirement;
and (4) meet a National Objective, including additional criteria for mitigation activities and a Covered
Project; and
WHEREAS, CDBG-MIT Funds made available for use by the SUBRECIPIENT under this
Agreement constitute a subaward of the DEO Federal award,the use of which must be in accordance with
requirements imposed by Federal statutes, regulations, and the terms and conditions of the DEO's Federal
award; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG-MIT project—(MIT22-01)Marion E.Fether Medical Center
Hardening.
WHEREAS, pursuant to Public Law (P.L.) P.L 115-123 Bipartisan Budget Act of 2018 and
Additional Supplemental Appropriations for Disaster Relief Act of 2018(approved February 9,2018),and
P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6,
2019), Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing
Appropriations Act,2018";and the requirements of the Federal Register(FR)notices entitled"Allocations,
Common Application, Waivers, and Alternative Requirements for Community Development Block Grant
Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers,
and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees"
CDBG Mitigation) 86 FR 561 (January 6, 2021); (hereinafter collectively referred to as the "Federal
Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as
HUD") has awarded Community Development Block Grant-Mitigation(CDBG-MIT) funds to DEO for
mitigation activities authorized under Title I of the Housing and Community Development Act of 1974
HCDA)(42 United States Code(U.S.C)section 5301)and applicable implementing regulations at 24.CFR
part 570 and consistent with the Appropriations Act.
WHEREAS,the SUBRECIPIENT has legal authority to enter into this Agreement and by signing
this Agreement,the SUBRECIPIENT represents and warrants to the COUNTY that it will comply with all
the requirements of the subaward described herein.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
mow
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G'
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PART I
SCOPE OF WORK
This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding
under this program must harden critical buildings that serve a public safety purpose for local communities.
Critical buildings include potable water facilities, wastewater facilities, police departments, fire
departments,hospitals,emergency operation centers,and emergency shelters.
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG-MIT 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: Marion E.Fether Medical Center Hardening
Description of project and outcome: Collier Health Services, Inc. dba Healthcare Network serves
as a vital instrument to the health of Collier County citizens before, during, and immediately after
a natural disaster. Replacing 7 doors and 59 windows with impact glazing material at the Marion
E.Fether Medical Center will solidify the facility's ability to withstand wind,heat,or water damage
during and after a storm and allow immediate response to the needs of the community; 61.84
percent of which are designated as low-to moderate-income residents. The project is estimated to
begin upon execution of this Agreement and completed within 48 months at a cost of$206,240.00.
There are no leveraged or matching funds included in this project.The team overseeing this project
consists of the Collier Health Services, Inc. dba Healthcare Network Facilities Department under
the direction of the Project Manager, who is working in coordination with Collier County, and
selected contractor(s).
Project Component One: Construction
Obtain appropriate permitting.
Purchase, install remove and properly dispose of 7 doors and 59 exterior windows and replace with new
insulated/impact glazing system doors and windows of like dimensions and in compliance with Florida
Building Codes standards and local, state and federal building codes.
Repair affected areas resulting from removal/installation by applying molding,patching interior drywall
and sills, and repair exterior stucco walls and touch up paint
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 ten(10) 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.
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160b
B. SUBRECIPIENT must submit the following resolutions and policies to CHS within
ten(10)days of execution of this Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy(COI)and related COI Forms
Procurement Policy
Administrative Financial Management Policies (must comply with all HUD
CDBG-MIT and State of Florida rules)
Quality Assurance and Quality Control Policies (must comply with all HUD
CDBG-MIT and DEO policies)
2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit
Requirements Policy for Federal Award
Uniform Relocation Act(URA)Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Language Assistance and Planning Policy(LAP)
Limited English Proficiency Policy(LEP)
Violence Against Women Act(VAWA)Policy
LGBTQ Policy
C. Environmental Review Requirement (ERR) - This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Funds or site approval may
occur only upon satisfactory completion of environmental review 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.
Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement shall attend the CHS-
sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the
training in the previous year. In addition, at least one staff member shall attend all other
CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the
Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this
special condition,must be submitted to the Grant Coordinator, in writing, at least 14 days,
prior to the training.
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D. Limited English Proficiency — Persons who, as a result of national origin, do not speak
English as their primary language and who have limited ability to speak, read, write, or
understand English ("limited English proficient persons" or "LEP persons") may be
entitled to language assistance under Title VI in order to receive a particular service,
benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title
VI)and its implementing regulations,the SUBRECIPIENT agrees to take reasonable steps
to ensure meaningful access to activities funded with HUD Funds by LEP persons.Any of
the following actions could constitute"reasonable steps",depending on the circumstances:
acquiring translators to translate vital documents; advertisements or notices; acquiring
interpreters for face to face interviews with LEP persons; placing advertisements and
notices in newspapers that serve LEP persons; partnering with other organizations that
serve LEP populations to provide interpretation, translation, or dissemination of
information regarding the project; hiring bilingual employees or volunteers for outreach
and intake activities; contracting with a telephone line interpreter service;etc.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Construction 206,240.00
Obtain appropriate permitting.
Purchase, install remove and properly dispose of 7 doors and 59 exterior windows
and replace with new insulated/impact glazing system doors and windows of like
dimensions and in compliance with Florida Building Codes standards and local, state
and federal building codes.
Repair affected areas resulting from removal/installation by applying molding,
patching interior drywall and sills,and repair exterior stucco walls and touch up paint.
206,240.00
Total Federal Funds:206,240.00
SUBRECIPIENT will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance
Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
Maintain and provide National Objective Documentation
Provide Quarterly Reports on project progress, Activity Work Plan, Budget, and updated
organization chart if applicable.
Provide Quarterly the resolution/ordinances, name and contact information of Fair
Housing, EEO/AA, and Section 504/ADA Coordinator and a copy of the published
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information or email address for SUBRECIPIENT's website. Establish a system to log all
Fair Housing,EEO/AA, and Section 504/ADA complaints and submit quarterly.
Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuing Notice to Proceed(NTP)to contractor
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation, note any staffing changes with job descriptions, Activity
Work Plan, and Budget
Identify Lead Project Manager
Provide Site Design and Specifications
Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
Comply with Davis-Bacon Labor Standards
Comply with Section 3 and maintain documentation
Provide weekly certified payroll throughout construction and rehabilitation
Comply with Uniform Relocation Act(URA), if necessary
Ensure applicable numbers of units are Section 504/ADA accessible
Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG-MIT program Funds awarded to Collier County must benefit low-to moderate-income
persons(LMI).As such,SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
LMA—Low/Mod Area Benefit
LMC—Low/Mod Clientele Benefit
LMH—Low/Mod Housing Benefit
LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the National Objective under this
Agreement will require repayment of the CDBG-MIT 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-MIT National Objective. Failure to
achieve the National Objective under this Agreement will require repayment of the CDBG-MIT
investment under this Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households.Failure to achieve the National Objective under
this Agreement will require repayment of the CDBG-MIT 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
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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-MIT investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Insurance Certificate Within 10 days of Agreement
execution and Annually
immediately upon renewal)
Staffing Plan Organization Chart and Job Quarterly,unless staffing
Descriptions for employees, changes occur off cycle,then
contracted staff,vendors,and report in monthly progress
contractors report. Due within 5 days of
prior month end
Special Grant Condition Policies Policies as stated in this Within 10 days of Agreement
Section 1.1) Agreement execution
Activity Work Plan Project Schedule(Exhibit D)Monthly,within 5 days of prior
month end
Fair Housing Log Develop Tracking Spreadsheet Quarterly,within 5 days of prior
for complaints that includes:quarter end
Coordinator contact name and
information; attach ordinance
ordinance/resolution
Log must include Fair
Housing/EEO/504 complaints)
Detailed Project Budget Exhibit C Monthly,within 5 days of prior
month end
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Procurement Documents(Bid Independent Cost Estimate, After completion of
Packet) * Method of Procurement,Bid Environmental Review,and
Advertisement, Solicitation prior to advertising solicitation.
Packet. Advertisement not to occur until
package is approved by DEO.
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Progress Report Monthly and Quarterly Reports Monthly report(Exhibit E)due
Exhibits E and H respectively) by the 5th of each month;
Quarterly Reports(Exhibit H)
due by the 5th of Jan/Apr/Jul/
Oct.Both reports are to be
submitted in Jan/Apr/Jul/Oct.
Section 3 Compliance Report Exhibit F Monthly, due by the 5th of each
month.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly,within 7 days following
Payroll reports,forms,and supporting issuance of payroll checks
documentation required to be
submitted through the County
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Program Deliverable Deliverable Supporting Submission Schedule
Documentation
electronic certified payroll
system LCP Tracker.
Annual Audit Monitoring Exhibit G Annually within 60 days after
Report the end of the fiscal year
Financial and Compliance Audit Audit,Management Letter, and Annually; 9 months after FY
Supporting Documentation end for Single Audit OR 180
days after FY end
Continued Use Certification Continued Use Affidavit, if Annually,for five(5)years after
applicable Project Closeout
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after
construction completion.
Annually throughout the
continued use period
SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in
a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to
the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change
Orders in a timely manner, may result in delay or withholding of payment, as well as, a cease work order
until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be
issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Submission of supporting documents Within 5 calendar
Construction must be provided as backup along with days after the end of
Obtain appropriate permitting. pay requests(Exhibit B), as evidenced by each month.
AIA or similar document, canceled check
Purchase, install remove and and/or bank statements,copy of any
properly dispose of 7 doors and 59 permits,invoices and any other additional
exterior windows and replace with documentation as requested.
new insulated/impact glazing
system doors and windows of like The County will pay up to 90%of the
dimensions and in compliance total grant award or project costs,
with Florida Building Codes whichever is lower. The remaining 10%
standards and local, state and of the award or project costs will be
federal building codes.released upon final monitoring clearance
and meeting a National Objective. For
Repair affected areas resulting clarity,the County will not withhold 10%
from removal/installation by on each payment request.
applying molding, patching
interior drywall and sills, and
repair exterior stucco walls and
touch up paint.
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The final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National
Objective will require repayment of the CDBG-MIT investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on August 4,2022 and shall end on August 3,2026.
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 TWO HUNDRED SIX THOUSAND,TWO HUNDRED
AND FORTY DOLLARS AND 00 CENTS($206,240.00)for use by SUBRECIPIENT,during the
term of the Agreement(hereinafter, shall be referred to as the Funds).
Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total Funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG-MIT Funds until Funds are needed for
eligible costs; and all disbursement requests must be limited to the amount needed at the time of
the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from
obligations incurred during the term of this Agreement. Invoices for work performed are required
every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet
prepared to send the required backup, a$0 invoice is required.Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT
when requested as work progresses,but not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
COUNTY will pay SUBRECIPIENT funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy
concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incurred by SUBRECIPIENT, and not to exceed actual cash requirements.
Payments will be adjusted by CHS in accordance with advance fund and program income balances
available in SUBRECIPIENT accounts.In addition,COUNTY reserves the right to liquidate funds
available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
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Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or
evidence of project inactivity may cause payment suspension of any open pay requests until
the required deliverables are received or substantial project progression occurs, as
determined by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida
Statutes, otherwise known as the"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
Section 1.5-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to
the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred.Payments to SUBRECIPIENT'S contractors
and vendors are conditioned upon compliance with the procurement requirements provided in
2 CFR 200.318-200.327.Allowable costs incurred by Subrecipients and Contractors shall comply
with 2 CFR Subpart E-Cost Principles. The SUBRECIPIENT will use adequate internal controls
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.6 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: Maria Kantaras,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples,Florida 34112
Email: maria.kantaras(a,colliercountyfl.gov
Telephone: (239)252-6141
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SUBRECIPIENT ATTENTION: Tami Raznoff, VP of Fiscal Affairs and CFO
Collier Health Services,Inc. dba Healthcare Network
1454 Madison Ave. W.
Immokalee,Florida 34142
Email:traznoff@healthcareswfl.org
Telephone: (239)658-3001
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation,and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG-MIT regulations.
B. SUBRECIPIENT shall establish and maintain public records that ordinarily and
necessarily would be required by the COUNTY in order to perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
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D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion,and in
a readily accessible,permanent,and secured location for six(6)state fiscal years after final
closeout of this Agreement (all reporting requirements are satisfied and final payments
have been received), 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 six(6)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 SUBRECIPIENT'S possession upon termination of the Agreement, and
destroy any duplicate, exempt, or confidential public records that are released from public
records disclosure requirements. All records stored electronically must be provided to the
COUNTY in a format that is compatible with the COUNTY'S information technology
systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee(cr colliercountyfl.gov, 3299 Tamiami Trail E,
Naples FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal
purchasing requirements and other Federal requirements for grant implementation.
F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served, and documentation that all households are eligible under HUD Income
Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT'S compliance.
G. SUBRECIPIENT shall document how it complied with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was
received. This includes special requirements, such as necessary and appropriate
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determinations as defined in 24 CFR 570.208,income certification,and written agreements
with beneficiaries, where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed, except as authorized by 2
CFR 200.337 and 2 CFR 200.338.
2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit F)no later than 60 days after SUBRECIPIENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no fewer than one(1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT
shall submit information and status reports required by CHS or DEO, to enable CHS to evaluate
said progress and allow for completion of required reports. SUBRECIPIENT shall cooperate with
any inspections, reviews, investigations, or audits deemed necessary by CHS, DEO, Chief
Financial Officer(CFO), or Auditor General. Such inspections, reviews, investigations, or audits
may be scheduled or unscheduled,as determined by CHS or DEO.
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 DEO or its designee,CFO,Auditor
General, HUD, the HUD Office of Inspector General, the General Accounting Office, the
COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of
activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
necessary to prevent,detect, and correct incidents of fraud,waste,and abuse in the performance of
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this Agreement, and to provide proper and effective management of all Program and Fiscal
activities of the Agreement. SUB RECIPIENT'S internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of this Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
fraud,waste,and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 10 business days following issuance of the report.
Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds to be
returned to the COUNTY.
CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY,at the discretion of the Board.
SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
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3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG-MIT investment for acquisition of the properties conveyed,
to be returned to the COUNTY.
CHS may require SUBRECIPIENT to return upwards of 10 percent of the
award amount to the COUNTY,at the discretion of the Board.
SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend termination of the Agreement or award.
CHS will make a recommendation to the Board to immediately terminate the
Agreement.SUBRECIPIENT will be required to repay all Funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of
Noncompliance.
During the term of this Agreement, SUBRECIPIENT shall submit monthly and quarterly progress
reports to the COUNTY on the 5th day of every month (Monthly report) for the prior month, and
the 5th day of Jan/April/July/October for the prior quarter end. The progress reports include but are
not limited to, accomplishments within past month/quarter, issues or risks with resolutions, and
projected activities to be completed within the following month/quarter. Exhibit E, Monthly-
Quarterly Report, should be used to fulfill this requirement. Other reporting requirements may be
required by the County Manager or designee if the Program changes, the need for additional
information or documentation arises, or if legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered delinquent and may be
cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included
in and made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the Federal procurement process; and (4) for Developers, revenue generated is not
considered program income. The CDBG-MIT program was funded through the Housing and
Community Development Act of 1974. SUBRECIPIENT also agrees to comply with all other
applicable laws,regulations,and policies governing the funds provided under this Agreement.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 insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S Board. Such
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amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or for other reasons. If such
amendments result in a change in the funding, scope of services,or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from DEO CDBG-MIT grant Funds and must be
implemented in full compliance with all of DEO's rules and regulations and any agreement between
COUNTY and DEO governing the CDBG-MIT Funds pertaining to this Agreement. In the event
of curtailment or non-production of said Federal Funds,or the reduction of Funds awarded by DEO
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 SUBRECIPIENT in the performance
of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or
reduce any other rights or remedies,which otherwise may be available to an indemnified party or
person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue there-on. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This section shall survive the expiration or termination of this
Agreement.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
or digitally prepared and released by SUBRECIPIENT for,on behalf of,and/or about the Program
shall include the statement:
FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY (DEO), AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION(CHS)"
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 reserves the right to royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use the work or materials for
governmental purposes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or
such statutes, regulations, executive orders, and DEO guidelines,policies, or directives as
may become applicable at any time.
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect.
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E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of, or change in,professional property management, if applicable.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG-MIT Funds
received under this Agreement.
D. Apply sanctions, if COUNTY determines them to be applicable.
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency;and that 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), SUBRECIPIENT shall, at the
time of termination (or expiration), immediately transfer to the COUNTY any property on hand
and any accounts receivable attributable to the use of CDBG-MIT Funds, per 24 CFR
570.503(b)(7).
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The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the
COUNTY'S right (nor excuse SUBRECIPIENT'S obligation)to recoup all or any portion of the
Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work(Part I),the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the
Community Development Block Grant-Mitigation Program(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended. Current purchasing
thresholds are:
Range: Competition Required
0-$50,000 3 Written Quotes
50,001+ Formal Solicitation(ITB,RFP,etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible,and
qualified bidder. SUBRECIPIENT shall manage 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.
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3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG-
MIT funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT only for CDBG-MIT-eligible activities approved by the COUNTY. Any
Program Income (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity funded by CDBG-MIT 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 part 570.489, 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-MIT Funds, the income shall be prorated to reflect the percentage of
CDBG-MIT 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-MIT Program, for further
reallocation.
3.15 Public Facilities and Improvements:Public facilities that are acquired,constructed,rehabilitated,
or otherwise improved with CDBG-MIT Funds are subject to this requirement.This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, Program Income is the income generated by the use of the facility, less operating
costs associated with generating the income.The COUNTY considers utilities,property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income.For each funded project,the SUBRECIPIENT must submit a list of proposed
costs incidental to the generation of program income to the COUNTY for approval.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part,with CDBG-MIT Funds shall be used to meet one of the CDBG-MIT National
Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section
3.16(Grant Closeout Procedures)of this Agreement. If SUBRECIPIENT sells,transfers, disposes
of, or otherwise fails to continue to use the CDBG-MIT assisted real property in a manner that
meets a CDBG-MIT National Objective, SUBRECIPIENT shall pay the COUNTY an amount
equal to a percentage of the current fair market value of the property, after subtracting disposal
costs. The basis for such percentage shall be the percentage of the appraised value attributable to
CDBG-MIT and non-CDBG-MIT 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,
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equipment,program income balances,and receivable accounts to the COUNTY); and determining
the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG-MIT funds,
including program income.In addition to the records retention outlined in section 2.2(Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes, regarding records maintenance, preservation, and retention.A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration. Any balance of unobligated Funds that have been
advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount
SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded
to the COUNTY. SUBRECIPIENT shall also produce records and information complying with
section 215.97,Florida Statutes,the Florida Single Audit Act.Closeout procedures must take place
in accordance with 2 CFR 200.344.
3.17 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 practicable,eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.18 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 forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans„ Hispanic Americans, Asian/PacificAmericans, Native
Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
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3.19 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate-income
persons or presumed to be low- to moderate-income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program.
3.20 DUPLICATION OF BENEFITS
SUBRECIPIENT shall not carry out any of the activities under this Agreement in a manner that
results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974 (42 USC 5155) and described in
Appropriations Acts. SUBRECIPIENT must comply with DEO's and HUD's requirements for
duplication of benefits, as described in the Federal Register and HUD guidance (including HUD
training materials). SUBRECIPIENT shall carry out the activities under this Agreement in
compliance with DEO's procedures to prevent duplication of benefits.
3.21 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program
pursuant to the COUNTY'S specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.Prior to the award of Funds,SUBRECIPIENT shall
submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative
Action Program must be updated throughout the continued use period and submitted to the
COUNTY within 60 days of any update/modification. SUBRECIPIENT 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 to be provided by the agency contracting officer, 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 employees and applicants for
employment.
3.22 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
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indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement; and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest,"2 CFR 200.318,and the State
and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT'S ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed to CHS in writing, provided however,that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.23 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 4.57 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
No Funds or other resources received from DEO under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
3.24 RELIGIOUS ORGANIZATIONS
CDBG-MIT Funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j).
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
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religious beliefs, provided it does not use direct CDBG-MIT Funds to support any
inherently religious activities, such as worship,religious instruction, or proselytizing.
D. The Funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG-MIT 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-MIT Funds in this part. Sanctuaries, chapels, or other
rooms that a CDBG-MIT funded religious congregation uses as its principal place of
worship,however,are ineligible for CDBG-MIT funded improvements.
3.25 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.
3.26 SEVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof
3.27 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY'S or SUBRECIPIENT'S responsibilities with respect to services provided under this
Agreement,is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
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All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal, State,and Municipal laws,ordinances,regulations,orders,and
guidelines,including but not limited to any applicable regulations issued by CHS.
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.
3.28 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 State of Florida Requirements stated throughout the Agreement
4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided,nor personnel employed under this Agreement, shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register: Political Activity-State or Local Officers or Employees; Federal
Employees Residing in Designated Localities;Federal Employees
4.4 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mcrtrue&node=pt24.1.58&rgn=div5
Resource Conservation and Recovery Act(RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education,hospitals,and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines
Summary of the Resource Conservation and Recovery Act I US EPA
4.5 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S. Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.6 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act.https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.j ustice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.htm l
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.7 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
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SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed
or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such
covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
4.8 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits
discrimination on the basis of sex in educational programs
Title IX Of The Education Amendments Of 1972(justice.gov)
4.9 The Temporary Assistance for Needy Families Program(TANF)45 CFR Parts 260-265,the Social
Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR::45 CFR Part 260--General Temporary Assistance for Needy Families(TANF)Provisions
4.10 The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083.
Pro-Children Act Of 19941 Legislation I US Encyclopedia of law(lawi.us)
4.11 Public Announcements and Advertising: When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or programs funded in whole
or in part with Federal money, SUBRECIPIENT shall clearly state (1)the percentage of the total
costs of the program or project which will be financed with Federal money, (2)the dollar amount
of Federal funds for the project or program,and(3)percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental sources.
4.12 Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest
extent practicable, all equipment and products purchased with funds made available under this
Agreement will be American-made.
4.13 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570-
602.pdf
4.14 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
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4.15 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et. seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
eeoc.gov)
4.16 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires,
to the greatest extent feasible,opportunities for training and employment be given to low-and very
low-income residents of the project area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5
percent of the total labor hours must be worked by Targeted Section 3 workers.If SUBRECIPIENT
is unable to meet these benchmarks, efforts taken to meet the requirements must be described.
Examples include held job fairs, conduct on the job training, outreach efforts to public housing
residents,and connecting residents to supportive services.
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include held job fairs, conduct on the job training, outreach
efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-MIT-funded project is
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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 and DEO programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-MIT-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 and DEO programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto; provided, however, that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank,trust
company, or other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to CHS.
4.17 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107, and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.18 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe0l.pdf
4.19 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.20 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.21 The Architectural Barriers Act of 1968: The Fed - Architectural Barriers Act of 1968 (42 U.S.C.
4151--57)(federalreserve.gov)
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4.22 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.23 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a-
7&num=0&edition=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
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.24 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkf/USCODE-2010-title18/pdf/USCODE-2010-
title18.pdf
40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.25 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.26 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:
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https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 fb411 f383b74003 bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.27 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.28 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.29 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.
4.30 Immigration Reform and Control Act of 1986
S.1200- 99th Congress(1985-1986): Immigration Reform and Control Act of 19861
Congress.gov 1 Library of Congress
4.31 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05,as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colli ergov.net/home/showdocument?id=35137
4.32 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.33 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
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4.34 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.35 SUBRECIPIENT agrees to comply with the following requirements:
a.Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap 85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govi nfo.gov/content/pkg/USCODE-2011-title3 3/pdfUSCODE-2011-tit1e33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.36 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),SUBRECIPIENT shall assure that for activities located in an area
identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.37 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
4.38 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties,insofar as they apply to the performance of this Agreement.
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or Local historic property list.
4.39 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10-
sec701
4.40 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.41 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200,et seq.
4.42 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT'S fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.ec fr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535 e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.43 Any real property acquired by SUBRECIPIENT for the purpose of carrying out the projects stated
herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBG-MIT including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT'S control, which is acquired or improved, in
whole or part, with CDBG-MIT funds in excess of $25,000, must adhere to the CDBG-MIT
Regulations at 24 CFR 570.505.
SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the
Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD
Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. The
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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-MIT assisted project. SUBRECIPIENT also agrees to comply with
applicable COUNTY ordinances,resolutions, and policies concerning the displacement of persons
from their residences.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol 1-sec24-101
https://www.govi nfo.gov/app/details/CFR-2012-tit1e24-vol3/CFR-2012-title24-vol3-sec570-505
4.44 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,SUBRECIPIENT certifies that it,its affiliates,suppliers,subcontractors,and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
As provided in section 287.134,Florida Statutes, an entity or affiliate, as defined in section
287.134(1),who has been placed on the discriminatory vendors list may not submit a bid,
proposal or reply on a contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals or
replies on leases of real property to a public entity;may not be awarded or perform work as a
contractor, supplier, subcontractor or consultant under a contract with any public entity,and may
not transact business with any public entity. By executing this Agreement,the SUBRECIPIENT
represents and warrants that neither it nor any of its affiliates is currently on the discriminatory
vendors list. The SUBRECIPIENT shall disclose if it or any of its affiliates is placed on the
discriminatory vendors list.
Chapter 287 Section 134-2021 Florida Statutes(flsenate gov)
4.45 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.46 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for
any outside travel outside the metropolitan area with funds provided under this Agreement.
https://www.gsa.gov/portal/content/104877
4.47 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24jart5 subpartA section5.106
4.48 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 and
DEO shall be provided only by organizations and counselors certified by the Secretary under 24
CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
eCFR::24 CFR Part 214 Subpart D--Program Administration
https://www.law.cornell.edu/cfr/text/24/5.111
4.49 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/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.50 Any rule or regulation determined to be applicable by HUD and/or DEO.
4.51 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January 1,2021.Eligibility determination is not required for continuing employees hired
prior to January 1,2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.52 Florida Statutes section 713.20,Part 1,Construction Liens
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4.53 Florida Statutes section 119.021 Records Retention
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4.54 Florida Statutes section 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
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4.55 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.
4.56 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities.
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.57 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. SUBRECIPIENT agrees to avoid
the misuse of arrest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin,resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law. See
https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.58 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): SUBRECIPIENT will not use and has not
used Federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any Federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. SUBRECIPIENT shall comply with the lobbying restrictions
of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers,
employees and its subcontractors hereunder comply with all applicable Local, State, and Federal
laws and regulations governing advocacy of and appearances before any legislative body.None of
the Funds provided under this Agreement shall be used for publicity or propaganda purposes
designed to support or defeat any legislation pending before local, state, or federal legislatures.
4.59 False Claim; Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor, subgrantee, subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 -
Statements or entries generally I U.S.Code I US Law I LII/Legal Information Institute(cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729
govinfo.gov)
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31 U.S. Code $ 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute
cornell.edu)
4.60 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.
4.61 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.62 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of SUBRECIPIENT and any of its employees.
The details of SUBRECIPIENT'S obligations related to prohibited conduct related to the
trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm.
4.63 Federal Funding Accountability and Transparency Act (FFATA): The SUBRECIPIENT shall
comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award
Management (SAM). The SUBRECIPIENT must have an active registration in SAM,
http://www.samgov/SAM/in accordance with 2 CFR part 25, appendix A, and must have a Data
Universal Numbering System (DUNS) number https://fedgov.dnb.com/webform/ The
SUBRECIPIENT must also comply with provisions of the Federal Funding Accountability and
Transparency Act, which includes requirements on executive compensation, 2 CFR part 170
Reporting Subaward and Executive Compensation Information.
eCFR::2 CFR Part 25 --Universal Identifier and System for Award Management
eCFR::2 CFR Part 170--Reporting Subaward and Executive Compensation Information
4.64 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of HUD.
4.65 SUBRECIPIENT acknowledges being subject to Florida's Government in the Sunshine Law
section 286.011, Florida Statutes) with respect to the meetings of SUBRECIPIENT'S governing
board or the meetings of any subcommittee making recommendations to the governing board.
SUBRECIPIENT agrees that all such aforementioned meetings shall be publicly noticed, open to
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the public and the minutes of all the meetings shall be public records made available to the public
in accordance with Chapter 119,Florida Statutes.
Chapter 286 Section 011 -2021 Florida Statutes(flsenate.gov)
2021 Florida Statutes-The Florida Senate(flsenate.gov)
4.66 SUBRECIPIENT shall comply with section 519 of P.L. 101-144, the Department of Veterans
Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act,
1990; and section 906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Hosung Act,
1990,by having,or adopting within ninety(90)days of execution of this Agreement,and enforcing
the following:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its_ ly(;iy;;
jurisdiction against any indivduals engaged in non-violent civil rights demonstrations;and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
Text - H.R.2916 - 101st Congress (1989-1990): Departments of Veterans Affairs and Housing
and Urban Development, Independent Agencies Appropriations Act, 1990 I Congress.gov
Library of Congress
https://www.hud.gov/sites/documents/NAHA906.TXT
4.67 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
PART&ty=HTML
4.68 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or written between
COUNTY and SUBRECIPIENT with respect to this Agreement.
Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively,by an authorized
person or agent,hereunder set their hands and seals on the date first written above.
ATTEST:AS TO COUNTY:
CRYSTAL K.TNZE1,.CLERK BOARD OF COP COM . IO • ' OF
COLLCI y . ORIDA
iyimitit: . f v..• sir el- r
By:
Deputy Clerk WIL 7 AM L.MCDANIEL, JR., CHAIRPERSON
Attest as to Chairman's
signature only..
Date: 13 D E C. Z o z ZDated: l a"O
SE )
TNESS S: AS TO SUBRECIPIENT:
emu-
t5
Collier Health Services, Inc. dba Healthcare Network
Witness#1 Signature
t av,1arO- L6Q1.\ 2 By: IIOFF,/ DENTOJSCALWitness#1 Printed NameTA
I n011 HIEF INANCIAL OFFICERAFFAIRSND
Witne 2 Signature Date: ii 3 ood"
3 0.4 t./7 C0/r-le [Please provide evidence of signing authority]
Witness#2 Printed Name
AppQved as to form and legality:
i\ 0 01'
Deki .Perry P\t\-
Assistant County Attorney t•
Date: r K,Q I
LZ
4
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
mi
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier Health Services, Inc. dba Healthcare Network
SUBRECIPIENT Address: 1454 Madison Ave. W., Immokalee, FL 34142
Project Name: Marion E.Fether Medical Center Hardening
Project No:MIT22-001 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded
2. Total Amount of Previous Requests
3.Amount of Today's Request(Net of Retainage, if
applicable)
4. Current Grant Balance (Initial Grant Amount Award $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $14,999 and Division Director(Approval Required
below) 15,000 and above)
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152.
DE .41,11,
Ron DeSantis Dane Eagle
GOVERNOR FLORIDA DEPARTMENT' SECRETARY
ECONOMIC OPPORTUNITY
EXHIBIT E
CBDG-MIT Grant
Monthly Progress Report
Grant No. — Sub. Name:
Project Title:
Funding Awarded:
Agreement Period:
Primary Points of Grant Manager name Primary project manager
Contact Information: GM Phone # / GM email Phone# / Email
DEO - Office of Long-Term Title
Resiliency _
Activity Reporting Period : Month Year
An update of this report shall be submitted to DEO ten (10) calendar days after the end of each month.
Section One — Financial Data:
Amount Funds used this Funds used to Balance
period date Remaining
Leverage Funds (A)
CDBG-MIT Funds
B)
TOTAL Project
Funds (A+B)
Section Two — Accomplishments within the Past Month:
Collier Health Services,Inc.dba Healthcare Network
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Marion E.Fether Medical Center Hardening Page 50
lap 6
Section Three - Issues or risks that have been faced with resolutions:
Section Four - Projected activities to be completed within the following Month:
Section Five - Required Submissions:
Attachment B - Project Budget
Has the Project Budget changed?
If answered"Yes;please submit the Revised Attachment a Yes No
Attachment C - Activity Work Plan
Has the Activity Work Plan changed?
If answered"Yes';please submit the Revised Attachment C. Yes No
Timeline (Milestones) for Implementation
Has the Timeline changed?
If answered"Yes';please submit the Detailed Timeline Yes No
Milestones).
Staffing Plan
Were there any Staffing changes?
If answered"Yes';please submit the Revised Staffing Plan
which will include the Revised Org Chart and Updated names
and Job descriptions. Yes No
Equipment Transfer/Disposal
Were there Equipment Transferred/Disposed?
If answered"Yes;please request a copy of the Equipment
Transfer/Disposal Form and disposition instructions from your
grant Manager. Complete and submit the Equipment Yes No
Transfer/Disposal form.
This report was prepared by: Signature and date:
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Marion E.Fether Medical Center Hardening Page 51
Re` :..41., RebuildFlorida.gov
Florida
EXHIBIT F
CONTRACTORS' MONTHLY COMPLIANCE FORM—SECTION 3
Every month, Contractor and all subcontractor(s) must sign, date, and deliver this form to the Grant
Coordinator.
Project Name
Project Location
For the Month of
I. Hiring
n I have NOT hired any new employees during the month specified.
n I have hired_Section 3 employees,and/or_non-Section 3 employees during the month.
II. Recruitment
n I have advertised to fill vacancy(ies)at the site(s)where work is taking place, in connection with
this project. Below,I have checked the steps I have taken to find Section 3 low-income residents,
from the targeted groups and neighborhoods,to fill any vacancies.
n Placed signs or posters in prominent places at project site(s).
n Taken photographs of the above item to document that the above step was carried out.
Distributed employment flyers to the administrative office of the local Public Housing Authority.
n Kept a log of all applicants and indicated reasons why Section 3 residents who applied were not
hired.
Retained copies of any employment applications completed by Section 3 residents.
III. Verification
I have attached proof of all checked items.
I hereby certify that the above information is true and correct.
Date
Signature
Title
Business
Florida Department of Economic Opportunity
Caldwell Building 1107 E.Madison Street
Tallahassee,FL 32399
850.245.7105
www.FloridaJobs.orq
www.twitter.com/FLDEO
FLORIDA DEPARTMENTd
Iwww facahook com/FI DEO
ECONOMIC OPPORTUNITY EQUAL HOUSINGOPPORUSI
An equal opportunity employer/program.Auxiliary aids and service are
available upon request to Individuals with disabilities.All voice telephone numbers on
this document may be reached by persons using TTY/TTD equipment via the
Florida Relay Service at 711.
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160 6
EXHIBIT G
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 requiresthatallappropriatedocumentationisprovidedregardingtheorganization'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 by2CFRPart200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act
Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended duringduringmostrecentlycompletedFiscalYearmostrecentlycompletedFiscalYear
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
Did not exceed the expenditure threshold for the fiscal year indicated above
Are a for-profit organization
Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
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co
Ron DeSantis Dane Eagle
GOVERNOR SECRETARY
FLORIDA DEPARTMENT'
ECONOMIC OPPORTUNITY
EXHIBIT H
CDBG-MIT
QUARTERLY PROGRAM REPORT
Grant No. - Sub. Name:
Project Title:
Funding Awarded:
Agreement Period:
Primary Points of Contact Grant Manager name Primary project manager
Information: GM Phone # / GM email Phone# / Email
DEO - Office of Long-Term Title
Resiliency
Activity Reporting Period : QUARTER YEAR
An update of this report shall be submitted to DEO ten (10) calendar days after the end of each month.
Section One - Financial Data:
Amount Funds used this Funds used to date Balance
period Remaining
Leverage Funds (A)
CDBG-MIT Funds
B)
TOTAL Project
Funds (A+B)
Section Two - Accomplishments within the Past Quarter:
Section Three - Issues or risks that have been faced with resolutions:
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I #0 6
Section Four - Projected activities to be completed within the following Quarter:
Section Five - Required Submissions (Attachments -A(3)(M), D(18), E(5), F) :
s• Staffing Plan
Were there any Staffing changes since last Quarter?
If answered"Yes;please submit the Updated Org. Chart. Yes F I No
Fair Housing (Attachment F)
Do you Certify that Subrecipient Name will "affirmativelyfurtherfairhousing" in its community?
This is a
condition for
Report a copyYes receipt ofSubmitwiththisoftheSurecipient's fair housing
resolution or ordinance. CDBG-MIT
Submit, in the box below, the name and contact Information funds.of the Subrecipient's Fair Housing Coordinator.
Provide a copy of the published Fair Housing Coordinator's
contact information from the newspaper where listed OR
provide, in the box below, the email address for the home page
of the Subrecipient's website.
Establish a system(spreadsheet)to log all fair housing calls and
submit to DEO GM on a quarterly basis.
Submit to DEO GM support documentation(as proof)for fair
housing activities conducted each quarter.
Submit to DEO GM a copy of the fair housing poster displayed in
the Subrecipient's office each quarter.
Subrecipient shall document its fair housing activities by
keeping photographs, newspaper articles,sign-in sheets
and copies of handouts in their CDBG-MIT project file and
include information about the activities in the comment
section of each QPR.
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Name and contact information of Subrecipient's Fair
Housing Coordinator:
Email address for the Subrecipient's website home page.
Equal Employment Opportunity (EEO) (Attachment F)
Do you Certify that Subrecipient Name and the contractors, Yes I I This is a
subcontractors, subrecipients and consultants that it hires with condition for
CDBG-MIT funds will abide by the Equal Employment receipt of
Opportunity (EEO) Laws of the United States.? CDBG-MIT
Submit with this Report a copy of the Surecipient's EEO
funds.
resolution or ordinance.
Submit, in the box below, the name and contact information
of the EEO Coordinator.
Provide a copy of the published EEO Coordinator's contact
information from the newspaper where listed OR provide, in the
box below, the email address for the Subrecipient's website
home page.
Establish a system(spreadsheet)to log all EEO calls and submit
to DEO GM on a quarterly basis.
Submit to DEO GM the list of certified minority-owned business
enterprises(MBE)and women-owned business enterprises
WBE)that the Subrecipient uses to solicit bids on CDBG-MIT
funded construction activities.
The Subrecipient will keep all EEO information in their CDBG-
MIT project file as well as submitting the information on a
quarterly basis in the QPR.
Name and contact information of Subrecipient's EEO
Coordinator:
Email address for the home page of the Sub-
Recipient's website.
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Section 504 and the Americans with Disabilities ActADA) (Attachment F)
Do you Certify that Subrecipient Name provides access to all
federally funded activities to all individuals, regardless of
YES J
handicap? This is a
condition for
Submit with this Report a copy of the Subrecipients Section receipt of
504/ADA resolution or ordinance. CDBG-MIT
Submit, in the box below, the name and contact information El funds.of the Section 504/ADA Coordinator.
Provide a copy of the published Section 504/ADA Coordinator's
contact information from the newspaper where listed OR
provide, in the box below, the email address for the Subrecipient
website home page.
Establish a system(spreadsheet)to log all Section 504/ADA calls El
and submit to DEO GM on a quarterly basis.
The Subrecipient will keep all Section 504/ADA information in
their CDBG-MIT project file as well as submitting the
information on a quarterly basis in the QPR.
Name and contact information of Subrecipient's
Section 504/ADA Coordinator:
Email address for the home page of the Sub-Recipient's
website.
Section 3 (Attachments F, G(6))
Did Subrecipient Name and the contractors, subcontractors,
subrecipients and consultants that it hires, hire qualified low- Yes
and moderate-income residents for any job openings that exist
on CDBG-MIT-funded projects in the community?No
If answered"Yes';please submit a report addressing the
following.•
The total number of labor hours worked.
The total number of labor hours worked by Section 3
workers.
The total number of labor hours worked by Targeted Section
3 workers.
If Section 3 benchmarks are not met, the subrecipient s qualitative
efforts must be reported in a manner required by 24 CFR§75.25(b).
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Construction Documentation (If Construction is part of the Project)
Is FULL Environmental Review completed and Approved?
Yes I No El
answered"Yes",please take photographs or video of all
activity locations prior to initiating any construction and submit
with your QPR. As the construction progresses, additional
photography or videography shall document the ongoing
improvements and be submitted quarterly.
Equipment Tracking (If Construction is part of the Project)
Any Equipment purchased specifically for this project? Yes n No
If answered"Yes';please submit an up-to-date Equipment
Inventory Tracking Log listing the current equipment inventory,
equipment service dates, etc. for monitoring purposes.
Estimated construction start date
MM/DD/YYYY
Estimated expenditure start date MM/DD/YYYY
Date Sub. is estimating submission of 1st Invoice to DEO.
This report was prepared by: Signature and date:
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Marion E.Fether Medical Center Hardening
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