Backup Documents 04/08/2025 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Carrie Kurutz Community and Human CK 04/2/25
Services
2. County Attorney Office County Attorney Office �CA ��� (1/7/IS
3. BCC Office Board of County /
Commissioners BS by )/ / '11E1?-5
4. Minutes and Records Clerk of Court's Office ` ( '7,
I\M-) 1\k(ias
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 Carrie Kurutz,Grant Coordinator, Phone Number 239-252-2644
Contact/ Department Community and Human Services
Agenda Date Item was April 8,2025 Agenda Item Number 16.D.9.
Approved by the BCC
Type of Document Agreement CD23-03 between Collier Number of Original 3 copies of CD23-03
Attached County and Renaissance Hall Senior Documents Attached
Living,LLLP
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? CK
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. CK
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. CK
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board CK
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. CK
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. CK
7. In most cases(some contracts are an exception),the original document and this routing slip
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! CK
8. The document was approved by the BCC on-and all changes made during the N/A is not
meeting have been incorporated in the attached document. The County Attorney's 5m4 an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the L N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the 9441W an option for
Chairman's signature. this 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
1 6 D 9
Instructions
1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to:
Carrie Kurutz
Grant Coordinator I
Collier County Government I Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 213
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
16D 9
MEMORANDUM
Date: April 9, 2025
To: Carrie Kurutz, Grants
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Renaissance Hall Senior Living, LLLP (Agreement #CD23-03)
Enclosed please find two (2) originals of each document referenced above (Agenda
Item #16D9), approved by the Board of County Commissioners on Tuesday, April 8,
2025.
The Minutes & Records Department has retained an original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosure
16D 9
1 FAiN # B-23-UC-I2-0016
I Federal Award Date 10/01/2023
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA!CSPA# 14.218 •
Total Amount of Federal S329,706.00
Funds Awarded
Subrecipient Name Renaissance flail Senior
Living, LLLP
UEI# S8IKUBG2LE57 •
FEIN 88-1927267
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/24- 1/5/27
Fiscal Year End 12/31
Monitor End: 12/2031
AGREEMENT BETWEEN COLLIER COUNTY
AND
RENAISSANCE IIALL SENIOR LIVING, LLLP
CDBG Grant Program—Pre-development
THIS AGREEMENT is made and entered into this 84% day of. p I 2025, by and between Collier
County,a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339
Tamiami Trail East, Suite 213, Naples FL 34112, and Renaissance Hall Senior Living, LLLP
("SUBRECIPIENT"), a Florida Limited Partnership,having its principal office at 19308 SW 380'1'Street,
Florida City, Florida 33034-7000 c/o P.O. Box 343529, Florida City, Florida 33034.
WHEREAS,the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant to execute and implement a Community Development
Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and
Community Development Act of 1974(as amended);and
WHEREAS, on June 22, 2021, Agenda Item I6.D.7., the Board of County Commissioners
("Board")approved the County's U.S. Department of Housing and Urban Development(I-IUD)Five-Year
•
Consolidated Plan ("CPP") for use of entitlement funds for the program year period of PY 2021-2025
through Resolution 2021-131;and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2023-2024 Annual
Action Plan on May 18,2023,with a 30-day Citizen Comment period from May 18,2023 to June 17,2023;
and
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page I
Project Name:Pre-construction of Housing
16D 9
WHEREAS,on October 24,2023,Agenda Item 1 1.C.,the Board approved finding allocations to
support the Golden Gate Golf Course senior housing project for$329,706.00, and in accordance with the
County's Citizen Participant Plan 2021-2025,waived the requirement to submit an application for funding
following an"Open Door"process in which applications for funding can be considered and accepted at any
time during the program year until funds are no longer available for activities approved by the Board;and
WHEREAS,on November 21,2023,the Developer submitted a final application for participation
in the Collier County CDBG program;and,
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project — (CD23-03) Pre-development Project Costs
associated with affordable Housing Development.
NOW,THEREFORE, in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services(CI-IS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Pre-development Project Costs
Description of project and outcome: "This project through the SUBRECIPIENT will use CDBG
funds for pre-development costs to support new units of affordable rental housing for seniors on
the site of the former Golden Gate Golf Course in Collier County. The use of eligible CDBG-
assisted project costs will improve access to affordable housing,increase affordable housing stock,
and benefit Low-and Moderate-Income Households in Collier County.
Project Component One: Pre-development costs including but not limited to permits,construction
related fees,financing fees,architectural,engineering and design fees,advertisement,construction
signage,and construction loan fees.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must
deliver to CHS for approval,a detailed project schedule for the completion of the project.
B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty
(60)days of execution of this Agreement:
RENAISSANCE IIALL SENIOR LIVING,LLLP
Cn23-03 Page 2
Project Name:Pre-construction of Housing
16D 9
• Affirmative Fair Housing Policy
• Conflict of Interest Policy(COI)and related COI Forms
• Procurement Policy
• Uniform Relocation Act(URA) Policy
• Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy(Non-Discrimination)
Fraud, Waste,and Abuse Policy
• Language Assistance and Planning Policy(LAP)
1 Limited English Proficiency Policy(LEP)
• Violence Against Women Act(VAWA)Policy
• Duplication of Benefits Attestation and Subrecipient DOB Form
•
C. Environmental Review Requirement (ERR) — This Agreement does not constitute a •
commitment of funds or site approval. The commitment of funds or site approval may
occur only upon satisfactory completion of environmental review, executed by the
COUNTY,and either(i)the determination that the project is exempt or(ii)the COUNTY's
receipt of an approved request for release of funds and certification from HUD, under 24
CFR Part 58.The provision of any funds to the project is conditioned on the COUNTY's
determination to proceed with, modify, or cancel the project based on the results of the
environmental review.No program costs can be incurred until an environmental review of
the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will
not undertake any activity or commit any funds prior to CHS issuing a Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement shall attend the CIIS-
sponsored Annual SUBRECIPIENT Fair Housing training and all other CHS-offered
SUBRECIPIENT training relevant to the Project,as determined by the Grant Coordinator,
not to exceed four(4)sessions.
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 of the Civil Rights Act of 1964 (Title VI) in
order to receive a particular service,benefit,or encounter. In accordance with Title VI and
its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure
meaningful access to activities funded with HUD Funds by LEP persons. Any of the
following actions could constitute "reasonable steps," depending on the circumstances:
acquiring translators to translate vital documents; advertisements or notices; acquiring
interpreters for face-to-face interviews with LEP persons; placing advertisements and
notices in newspapers that serve LEP persons; partnering with other organizations that
serve LEP populations to provide interpretation, translation, or dissemination of
RENAISSANCE HALL SENIOR LiVING,LLLP
CD23-03
Project Name:Pre-construction or!lousing
16D 9
information regarding the project; hiring bilingual employees or volunteers for outreach
and intake activities;contracting with a telephone line interpreter service;etc.
E. Build America, Buy America—SUBRECIPIENT must comply with the requirements of
the Build America,Buy America(BABA)Act,41 USC 8301 note,and all applicable rules
and notices, as may be amended, if applicable to the SUBRECiPIENT's infrastructure
project. Pursuant to HUD's Notice,"Public Interest Phased Implementation Waiver for FY
2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or
after the applicable listed effective dates, are subject to BABA requirements, unless
excepted by a waiver. All infrastructure project contracts and subcontracts must contain
Buy America Preference (BAP) compliance requirements for product and material
purchases, the requirement to maintain records that verify compliance with the BAP, and i
that any project-specific waiver be approved prior to purchasing products or materials not
produced in the U.S.
If BABA is applicable to (his Agreement, SUBRECIPIENT shall maintain a BABA •
construction checklist, product certification letter(s), and other supporting documentation
or BABA waiver,as applicable,and provide such documentation,as requested by CHS.
F. Use of Real Property - The property acquired or improved in part using CDBG funds in
excess of$25,000 applies from the date CDBG funds arc first spent for the property until
five years after the closeout of the County's participation in the entitlement CDBG
program, in accordance with 24 CFR 570.505.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Component One: Pre-development costs including but not limited to permits, $329,706.00
construction related fees, financing fees, architectural, engineering and design
fees,advertisement,construction signage, and construction loan fees.
Total Federal Funds: $320,706,00
SUBRECIPIENT will accomplish the following checked project tasks:
• Pay all closing costs related to property conveyance
• Maintain beneficiary income certification documentation, using Exhibit D,as amended or
County-approved presumed benefit documentation and provide to the COUNTY, as
requested
• Maintain National Objective Documentation,and provide to COUNTY,as requested
• Provide Quarterly Reports on National Objective and project progress
RENAISSANCE HALL SENIOR LIVING,LLi.P
CD23-03 Page 4
Project Name:i're•construction of Housing
so ' 9
• Provide Quarterly Leverage Funds Report
• Provide Quarterly Fair Housing Calls Report
Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuing Notice to Proceed(NTP)to contractor
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
• Identify Lead Project Manager
Provide Site Design and Specifications
• Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work, if
applicable
❑ Comply with Davis-Bacon Act Labor Standards and maintain supporting documentation
•
❑ Comply with Section 3 reporting requirements and maintain supporting documentation
❑ Provide weekly certified payroll throughout construction and rehabilitation, if applicable
❑ Comply with Uniform Relocation Act(URA)
Ensure applicable number of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program Funds awarded to Collier County must benefit low- to moderate-income
persons(LMI).As such,SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA--Low/Mod Area Benefit
❑ LMC—Low/Mod Clientele Benefit
• LMi I—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document that at least 51 percent of the residents are LMI persons,based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment for this Agreement.
LMC: Must document that at least Si percent of persons served, are low- to moderate-
income persons or households,in order to meet a CDBG National Objective. Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment for this
Agreement.
LMII: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment for this Agreement.
LMJ: Must document job creation and retention, The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 I'ou
Project Name:Pre-eonstruclion of Housing
60 9
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment for this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Exhibit A - insurance Certificate Within 30 days following
Agreement execution and
annually within thirty(30)days •
of renewal
Special Grant Condition Policies Policies as stated in this Within sixty(60)days following
(Section 1.1) Agreement _ Agreement execution
Detailed Project Schedule Project Schedule Within sixty(60)days following
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to construction
procurement
Draft Procurement Documents Independent Cost Estimate Within 90 days following
(Bid Packet)* (ICE),Method of Procurement Agreement execution
(MOP), Bid Advertisement,and
Solicitation Packet
Subcontractor Log Subcontractor Log N/A
Quarterly Progress Report Exhibit C I) Quarterly reports with 10
days following the quarter
end,
2) Final report upon submission
of the final pay request in
Neighborly.
.3) Annually after closeout,
Section 3 Report N/A N/A
Fair Housing Calls Report Fair Housing Call Log Quarterly,the 10h day following
the end of the quarter
Complaint Logs Incident Log Quarterly within 10 days
following the end of the quarter
Collier County inventory Form Exhibit G Annually,within 60 days after
FY end
Leverage Funds Report Exhibit C-1 I)Quarterly,within 10 days
following quarter end.
2)Final report upon submission
of the final pay request in
Neighborly.
Davis-Bacon Act Certified N/A N/A
Payroll
Annual Audit Monitoring Exhibit E Annually,within 60 days after
Report FY end
Financial and Compliance Audit Audit,Management Letter,and Annually: nine(9)months after
Supporting Documentation FY end for Single Audit OR one
RENAISSANCE tIALL SENIOR LIVING,LLI-I' Page 6
CD23-03
Project Name:Pre-construction of[lousing
16D 9
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually, for five(5)years after
a plicable Project Closeout
Capital Needs Assessment Plan N/A N/A
Program Income Reuse Plan Plan Approved by the COUNTY N/A
* 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 One: Submission of supporting documents must Submission of
predevelopment costs including be provided as backup,proof of payment monthly invokes due
but not limited to advertisement, as evidenced by canceled check or, bank within 30 days of the
loan fees,construction signage, statements, invoice(s),and any other prior month.
and permits. additional documentation as requested,
along with Exhibit B.
10%retainage will be withheld with each
request for payment and will be released
upon completion of activities and final
closeout monitoring.*
*SUI3RECiPIi,NT'S failure to achieve the National Objective will require repayment of the CDBG
investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October I,2024,and shall end on January 5,2027,unless
terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and
Termination.Any Funds not obligated by the expiration date of this Agreement shall automatically
revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
clays after the end of the Agreement, following receipt of SUBRECIPiENT's written request
submitted at least 30 days prior to agreement period of performance end date. Extensions must be
authorized,in writing,by formal letter to the SUBRECIPIENT.
RENAISSANCE HALL SENIOR LIVING,LLLP .;
CD23-03
Project Nam:Pre-construction of Housing
16D 9
1.� AGREEMENT AMOUNT
The COUNTY agrees to make available THREE HUNDRED TWENTY-NINE THOUSAND
SEVEN HUNDRED SIX DOLLARS AND ZERO CENTS ($329,706.00) 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 may be approved administratively by CHS for up to 10 percent (10%) of
the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10
percent (10%) shall require formal amendment and approval by the Board of County
Commissioners (Board).
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 Cl-IS.
SUBRECIPIENT may not request disbursement of CDBG Funds until needed for eligible costs;
and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. if no
work has been performed during the month,or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required. Explanations will be required if two consecutive months
of$0 invoices are submitted.Payments shall be made to SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month, Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with an approved budget and COUNTY policy
concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incurred by SUBRECIPIENT,not to exceed actual cash requirements. Payments
will be adjusted by CHS in accordance with advance Fund and program income balances available
in SUBRECIPIENT accounts.in addition,COUNTY reserves the right to liquidate Funds available
under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
CHS may withhold any payment request until approved by CHS for grant compliance and
adherence to any and all applicable Local, State, or Federal requirements, including timely
submission of Performance Deliverables contained in Section 1.2.C. Late submission of
deliverables or evidence of protect 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."
RENAISSANCE HALL SENIOR LIVING,LLLI'
CD23-03 ,,i"u 8
Project Name:Pre-construction of Housing
16D 9
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the Program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
1.5 RIGHT OF FIRST REFUSAL
For property acquisition agreements,if SUBREC1PIENT offers the Property for sale before the end
of the Continued Use Period, SUBRECIPIENT must allow a 90-day right of first refusal (ROFR)
period to experienced non-profit organizations, reasonably approved by the COUNTY, for
purchase of the Property at the then current market value or any other offer considered,in the sole
determination of the COUNTY to be reasonable, for continued occupancy by eligible persons.
The 90-day right of first refusal period begins when a legal advertisement appears in a local
newspaper of general circulation, or other method authorized by statute or regulation,offering the
Property for sale to non-profit organizations.
1.6 LEVERAGE FUNDS
Leverage funds must be identified, tracked, and verifiable in the SUBRECIP1ENT's records.
Resources must be fully identified and described in the Agreement and the approved budget
submitted with the application. Resources must also meet the following criteria to be allowable as
leverage:
a. Expenditures of leverage funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishment of project or program objectives.
b. Leverage resources committed on one project may not be used as leverage for any other
project or program.
c. Leverage resources must represent newly created resources covering expenditures that
would not be incurred if the award were not made.
d. Leverage resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars,
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles)ofthis Agreement,SUBRECIPIENT is defined as described in 2 CFR
200,93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under the
Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed
RENAISSANCE HALL SENIOR LIVING,LLLP Page
Cn23-03
Project None:Pre-construction of Housing
16tD 9
specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413.
SUBRECIPIENT must provide adequate documentation for validating costs incurred.Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided in 2 CFR 200.318-200,327. Allowable costs incurred by
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.
SUBRECIPIENT may not be subject to 2 CFR 200 Subpart E;however,the COUNTY is and may
impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its
obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery,or sent by facsimile or other electronic means.Either party
may change the address to which notices are to be sent to it by giving written notice of such change
to the other party in the manner herein provided for giving notice.Any notice,request,instruction,
or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending.
All notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Carrie Kurutz,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East,Suite 213
Naples,Florida 341 12
Email:carrie.kurutza,colliercountyfl.gov
Telephone:(239)252-2644
SUBRECIPIENT ATTENTION: Steve Kirk,President
SUBRECIPIENT ORGANIZATION NAME
Renaissance Hall Senior Living, LLLP
49308 SW 380'h Street,Florida City, FL 33034
c/o P.O. Box 343529
Florida City,Florida 33034
Email: stevekirk@ruralneighborhoods.org
Telephone: (305)242-2188
Remainder of Page Intentionally Left Blank
RENAISSANCE HALL SENIOR LIVING,LLLP I,s_,
CU23-03
Project Name:Pre-construction of tIousing
160 9
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPiENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single
Audit report, Management Letter, and supporting documentation nine (9) months (or audited
financial statements, one hundred eighty(180)days for Subrecipients exempt from Single Audit)
after the SUBRECiPIENT'S fiscal year end. The COUN'I'Y will conduct an annual financial and
programmatic review.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments,
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200,Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A, All records required by CDBG regulations.
B. Public records that ordinarily and necessarily would be required by the COUNTY to
perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GA AP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program income, These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
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expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event,SUBRECIPIENT shall keep all documents and records in an orderly fashion,and in
a readily accessible, permanent, and secured location for three (3) years after the date of
COUNTY'S submission of the final performance and evaluation report(CAPER)to!IUD,
as prescribed in 2 CFR 200.334,24 CFR 570,490 and 24 CFR 570.502(a)(7)(ii).However,
if any litigation, claim, or audit is started before the expiration date of the three (3) year
period,the records will be maintained until all litigation,claim,or audit findings involving
these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this
Agreement, it shall notify the COUNTY in writing, of the address where the records will
be kept, as outlined in 2 CFR 200.337, SUBRECIPIENT shall meet all requirements for
retaining public records and transfer, at no cost to COUNTY, all public records in
SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any
duplicate, exempt, or confidential public records that are free from public records
disclosure requirements. All records stored electronically must be provided to the
COUNTY in a format that is compatible with the COUNTY'S information technology
systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN Of PUBLIC RECORDS AT 239-252-5837,
Angel.BatesAcolliercountyfl.gov, 3299 Tamiami Trail East,
Naples, FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, as amended, including files containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and Work
Safety Law. Similarly,SUBRECIPIENT shall maintain records showing compliance with
Federal purchasing requirements and other Federal requirements for grant implementation.
F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served, and documentation that all households are eligible under HUD Income
Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on
SUBRECIPIENT'S compliance.
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G. SUBRECIPIENT shall establish a system to log all Fair Housing calls. The system must
track the nature of the calls; actions taken in response to the calls; results of the actions
taken;and,if the caller was referred to another agency,the results obtained by the referral
agency. SUBRECIPIENT must submit this call log to CHS quarterly, no later than 10
calendar days after the end of each quarter.
H. SUBRECIPIENT shall document how it complied with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was
received. This includes special requirements, such as necessary and appropriate
determinations as defined in 24 CFR 570.208,income certification,and written agreements
with beneficiaries, where applicable.
I. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are free from
public records disclosure requirements are not disclosed, except as authorized by 2 CFR
200.337 and 2 CFR 200.338.
2.3 MONITORING
SUBRECIPIENT agrees that CI IS may carry out no fewer than one (1) annual on-site monitoring
visit and evaluation of project activities, as determined necessary, until the Continued Use Period
expires. At the COUNTY's discretion, a desktop review may be conducted in lieu of an on-site
visit.The continuation of this Agreement is dependent upon satisfactory evaluations.Upon request
by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD,
to enable CHS to evaluate said progress and allow for completion of CHS's required reports.
SUBRECIPIENT shall allow on-site monitoring by CHS or HUD. Such site visits may be
scheduled or unscheduled,as determined by CHS or HUD,
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation,and any other data relating to all matters covered by the Agreement.
COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this Agreement,
further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a
reasonable time period after being notified by CHS, Agreement suspension or termination
procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector
General,the General Accounting Office,the COUNTY,and/or the COUNTY's internal auditor(s)
access to all records related to performance of activities in this Agreement.
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2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
necessary to prevent,detect,and correct incidents of fraud,waste,and abuse in the performance of
this Agreement,and provide proper and effective management of all Program and Fiscal activities
of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other
significant events shall be clearly documented,and the documentation shall be readily available for
monitoring by the COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of this Agreement.
•
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
fraud,waste,and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers,or any entity receiving grant Rinds
from CHS.The escalation policy for noncompliance is as follows:
I. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT,which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 10 business days following issuance of the report.
• Any pay requests that have been submitted to CIIS for payment will be held
until the corrective action plan has been submitted and accepted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, CHS may require SUBRECIPIENT to return a portion of the awarded
grant Funds to the COUNTY.
• Cl-IS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY,at the discretion of the Board.
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• SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No.2013-228.
3. if SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require SUBRECIPIENT to return to the COUNTY a
portion of the awarded grant amount, or the amount of the CDBG investment for
acquisition of the properties conveyed. •
• 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
ClIS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards, at the Board's
discretion.
2,6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in the withholding of payment or issuance of a Notice of Non-
Compliance.
During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January,April,July,and October,respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a
compiehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, pe f finance data on client feedback with respect to the -goals and objectives set forth in Exhibit C, the reporting form to be used in fulfillment of this
requirement. Additionally,all leveraged funds utilized in support of this project will be submitted
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on Exhibit C-I as part of the final report. Other reporting requirements may be required by the
County Manager or designee if the Program changes, the need for additional information or
documentation arises, or if legislative amendments are enacted. Reports and requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and
made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations,except that(I)
SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24
CFR 570.604;(2) SUBRECii'IENT does not assume the COUNTY'S responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the Federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. SUBRECIPIENT agrees to comply with all other applicable laws,
regulations, and policies governing the Funds provided under this Agreement, SUBRECIPIENT
further agrees to utilize Funds available under this Agreement to supplement rather than supplant
funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the
administration of the program, for political activities, inherently religious activities, lobbying,
political patronage,and/or nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties.SUBRECIPIENT shall
always remain an"independent contractor" with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FiCA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIP1ENf is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time, provided that such
amendments make specific reference to this Agreement,are executed in writing,signed by a duly
authorized representative of each organization, and approved by the COUNTY'S Board. Such
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amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement,
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding,scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the
event of curtailment or non-production of said Federal Funds,or the reduction of HUD Funds to
the COUNTY to a level that the County Manager determines to be insufficient to adequately
administer the project,the financial resources necessary to continue to pay SUBRECIPIENT all or
any portion of the Funds will not be available. in either event, the COUNTY may terminate this
Agreement, which shall be effective as of the date it is determined by the County Manager or
designee, in his/her sole discretion and judgment, that the Funds are no longer available. in the
event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action, which may arise out of an act or omission including
but not limited to,reasonable attorneys'and paralegals' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents,officers,
servants,employees,contractors,patrons,guests,clients, licensees,invitees,or any persons acting
under the direction, control, or supervision of SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies,which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith,shall defend all suits in the name of the COUNTY, and shalt
pay all costs (including attorney's fees) and judgments which may issue there-on. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY.The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This section shall survive the expiration or termination of this
Agreement.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
or digitally prepared and released by SUBRECIPIENT for,on behalf of,and/or about the Program
shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND •
URBAN DEVELOPMENT (THUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design
concept is intended to disseminate key information to the general public regarding the development
team and Equal Housing Opportunity.Construction signs shall comply with applicable COUNTY
codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the
COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use; and authorize others to use the work or materials for governmental
purposes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such
statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may
become applicable at any time.
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper
manner.
C, Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports that arc incorrect or incomplete in any material respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
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G. Failure to materially comply with the terms of any other agreement between the COUNTY and
SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the Following remedies, in compliance with 2 CFR 200,Appendix
11 (B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of, or change in,professional property management, if applicable.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received
under this Agreement.
D. Apply sanctions,if COUNTY determines them to be applicable.
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECI PIENT specifying the effective
date of such termination. If the Agreement is terminated by the COUNTY,as provided herein,
SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project
activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency. In addition,SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a suspended or debarred
contractor or vendor,as outlined in Executive Orders 12549(1986)and 12689(1989),Suspension
and Debarment, and 2 CFR 200.214,as further detailed in Section 4.18.
3.10 REVERSION OF ASSETS
Upon Agreement termination, in addition to any and all other remedies available to the COUNTY
(whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of
termination (or expiration), immediately transfer to the COUNTY any property on hand and any
accounts receivable attributable to the use of CDBG Funds,per 24 CFR 570.503(b)(7).
The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the
COUNTY'S right (nor excuse SUBRECiPIENT'S obligation) to recoup all or any portion of the
Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.3 I i and as otherwise provided at 24 CFR 570.503(b)(7).
All program assets (unexpended program income, property,equipment,etc.) shall revert to CHS
upon termination of this Agreement.
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3.11 INSURANCE
SUBRECiPIEN'I'shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
Scope of Work (Part i), Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards(2 CFR 200 et seq.),and Federal Regulations for the Community
Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended,Current COUNTY
purchasing thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB, RFP,etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding,under a procedure acceptable to the COUNTY and
Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible,and
qualified bidder. SUBRECIPIENT shall manage and ClIS shall monitor contract administration.
CHS shall have access to all records end documents related to the Project.
In accordance with 24 CFR parts 570.202(b)(3)&570.202(b)(4),to the greatest extent practicable,
SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and
appliances,that increase the effective use of energy and water in structures.
In accordance with 2 CFR 200.323,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.
SUBRECIPIENT must comply with the requirements of the Build America,Buy America(BABA)
Act, P,L. 117-58 and 41 USC Chapter 83-Buy American, and all applicable rules and notices, as
may be amended,if applicable to the SUBRECiPIENT's infrastructure project.Pursuant to HUD's
Notice,"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America,
Buy America Provisions as Applied to Recipients of the HUD Federal Financial Assistance" (88
FR 17001),any funds obligated by HUD on or after the applicable listed effective dates,are subject
to BABA requirements,unless excepted by a waiver.
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3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. However,if Program Income is derived from the use of CDBG
Funds disbursed under this Agreement, SUBRECIPIENT shall utilize such Program income only
for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is
defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity funded by CDBG
Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized
by the SUBRECIPIENT accordingly,and shall comply with 2 CFR 200.307,24 CFR parts 570.489,
570.500, and 570.504 in the operation of the Program. When Program Income is generated by
an activity that is only partially assisted by CDBG hinds, the income shall be prorated to
reflect the percentage of CDBG Funds used. if there is a Program Income balance at the end of
the Program Year,such balance shall revert to the COUNTY's Community Block Grant Program,
for further reallocation.
Acquisition/Improvement of Real Property:Real property under the SUBRECIPIENT'S control
that was acquired or improved,in whole or in part,with CDBG Funds shall be used to meet one of
the CDBG National Objectives pursuant to 24 CFR 570.208,during the continued use period, as
referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT
disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that
meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to
the percentage of the current fair market value of the property, less any disposal costs. The
percentage of appraised value attributable to CDBG and non-CDBG funds expended for the
original acquisition of,or improvement to,the property under the terms of this Agreement shall be
the basis for such percentage. Such payment shall constitute program income to the COUNTY.
Public Facilities and improvements:Public facilities that are acquired,constructed,rehabilitated,
or otherwise improved with CDBG Funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility for which public use is the primary purpose.
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, SUBRECIPIENT must submit a list of proposed
costs incidental to the generation of Program income for the COUNTY'S approval.
Additionally, during the continued use period, as referenced in Section 3.16 (Grant Closeout
Procedures) of this Agreement, real property under the SUBRECIPiENT'S control that was
acquired or improved in whole or in part with CDBG Funds shall be used to meet one of the CDBG
National Objectives,pursuant to 24 CFR 570.208. If SUBRECIPIENT sells,transfers,disposes of,
or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a
CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a
percentage of the current fair market value of the property, after subtracting disposal costs, The
basis for such percentage shall be the percentage of the appraised value attributable to CDBG and
non-CDBG Funds expended for the original acquisition of,or improvement to,the property under
the terms of this Agreement. Such payment shall constitute Program Income to the COUNTY.
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Rental Housing: Rental housing acquired,rehabilitated,or otherwise improved with CDBG Funds
is subject to Program Income. For rental housing, Program Income is the gross revenue generated
by the housing unit, reduced by the operating costs associated with generating the income. The
COUNTY considers utilities, property insurance, maintenance, and property management to be
operating costs that may be subtracted from gross revenue to determine net Program Income. For
each Funded project, SUBRECIPIENT must submit a list of proposed costs incidental to the
generation of Program Income for the COUNI'Y'S approval.
Additionally, during the continued use period, as referenced in section 3.16 (Grant Closeout
Procedures)of this Agreement, real property under SUBRECIPIENT'S control that was acquired
or improved,in whole or in part,with CDBG Funds shall be used to meet one of the CDBG National
Objectives pursuant to 24 CFR 570.208. if SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of
the current fair market value of the property,after subtracting disposal costs.The percentage of the
appraised value attributable to CDBG and non-CDBG Funds expended for the original acquisition
of or improvement to the property, under the terms of'this Agreement shall be the basis for such
percentage.Such payment shall constitute Program income to the COUNTY.
Equipment/Supplies: Per 45 CFR 75, Equipment is defined as tangible personal property
(including information technology systems) having a useful life of more than one year and a per-
unit acquisition cost which equals or exceeds the lesser of the capitalization level established by
the non-Federal entity for financial statement purposes, or $5,000. The Equipment/Supply
Inventory form(Exhibit G)must be completed by SUBRECIPIENT and submitted to the COUNTY
annually.
Supplies is defined as all tangible personal property other than those described as Equipment. A
computing devise is a supply if the acquisition cost is less than the lesser of the capitalization level
established by the non-Federal entity for financial state purposes or$5,000,regardless of the length
of its useful life.
During the continued use period, as referenced in Section 3.16(Grant Closeout Procedures)of this
Agreement,equipment/supplies under SUBREC1PIENT'S control that was acquired or improved,
in whole or in part,with CDBG Funds shall be used to meet one of the CDBG National Objectives,
pursuant to 24 CFR 570.208. If SUBRECIPIENT sells, transfers,disposes of,or otherwise fails to
continue to use the CDBG-assisted equipment/supplies in a manner that meets a CDBG National
Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the current fait' market
value of the equipment/supplies, less the percentage of non-CDBG funds used to acquire the
equipment/supplies.
At the end of the Grant period,the SUBRECIPIENT must request disposition instructions from the
COUNTY for unused equipment acquired under this Agreement. If the COUNTY fails to provide
the requested instructions within 120 days, the unused equipment with a value of$5,000 or less,
may be retained, sold, or otherwise disposed of with no further responsibility to the COUNTY.
I lowever, the COUNTY is entitled to an amount calculated by multiplying the percentage of the
COUNTY's contribution towards the original purchase by the current market value or proceeds
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from the sale. If the equipment is sold, the COUNTY may permit the SUBRECIPIENT to retain,
from the Federal share, $1,000 of the proceeds to cover the expenses associated with the selling
and handling of the equipment.
At the end of the Grant period,unused supplies with a value exceeding$5,000 acquired under this
Agreement must be sold by the SUBRECIPIENT.The COUNTY is entitled to compensation in an
amount calculated by multiplying the percentage of the COUNTY's contribution towards the cost
of the original purchase(s)by the current market value or proceeds from the sale. If supplies are
sold, the COUNTY may permit the SUBRECIPIENT to retain, from the Federal share,$1,000 of
the proceeds to cover expenses associated with the selling and handling of the supplies,
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the five(5)year
continued use period has been met. The continued use period shall commence following the
SUBRECIPiF,NT meeting the National Objective, the recording of lien and/or deed restriction
documentation, if applicable, and the closeout of the project within HUD's Integrated Data
information System (IDIS).Activities during this closeout period shall include but are not limited
to making final payments;disposing of program assets(including the return of all unused materials,
equipment,Program Income balances,and receivable accounts to the COUNTY);and determining
the custodianship of records, Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG Funds,including
Program Income. in addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes,regarding records maintenance,preservation,and retention.A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration.SUBRECIPIENT must return to the COUNTY any
balance of unobligated Funds that have been advanced or paid, and any Funds paid exceeding the
amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement.
SUBRECIPIENT shall also produce records and information complying with section 215.97,
Florida Statutes,the Florida Single Audit Act. Closeout procedures must take place in accordance
with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
color,disability, national origin, religion,age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to term mate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment. Also, to the greatest extent feasible, eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
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awarded contracts in connection with the project.SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term "small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native
Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMl strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate-income
persons, or presumed to be low- to moderate-income persons, based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570,3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3,Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program.The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement;and that SUBREC1PIENT shall not employ or subcontract
with any person having any conflict of interest.The SUBREC1PIENT 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.
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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.
SUBRECIPIENT sha
ll establish Conflict of Interest reporting requirements for its board members
and staff to report their participation as a beneficiary in the program supported by this Agreement.
Such reporting shall also incorporate reporting the participation of their family members who
include a spouse or civil union partner,member of the same household,parent(including step-and
in-law) grandparent(including step- and in-law), child (including step-) or grandchild (including
step-),sibling(including step-and in-law),cousin,aunt,or uncle.
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.
3.20 BYRD ANTI-LOBBYING AMENDMENT
The COUNTY and SUBRECIPIENT certify that it will not, and has not, used Federally
appropriated Funds to pay any person or organization for influencing or attempting to influence the
award of Federal Funds,as covered by 31 USC 1352,and more fully described in Section 4.54 of
this Agreement. Contractors who apply or bid for an award of$100,000 or more shall tile the
required certification.
3.21 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG Funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j),
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG Funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
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D. It shall not use Funds for the acquisition,construction,or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities,CDBG Funds may not exceed the
cost of those portions of the acquisition,construction,or rehabilitation that are attributable
to eligible activities, in accordance with the cost accounting requirements applicable to
CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded
religious congregation uses as its principal place of worship, however, are ineligible for
CDBG funded improvements.
3.22 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of
a child,aged person,or disabled person to the COUNTY.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The
Collier County Incident Report Form (Exhibit F)shall be used to report all such incidents.
3.23 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,
3.24 MISCELLANEOUS
SUBRECIP1ENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data,reports,and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information,when not directly connected with the administration of
the COUNTY'S or SUBRECiPIENT's responsibilities with respect to services provided under this
Agreement,is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
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The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal,State,and Municipal laws,ordinances,regulations,orders,and
guidelines,including but not limited to any applicable regulations issued by the COUNTY.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.25 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?tpl=/eefrbrowse/Title24/24cfr570 main 02.tp1
•
4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure.
littps://www.ecfr.gov/cgi-bin/text-
idx?S1D=lacdb92f3b05c3 f285dd76c26d 14 f54e&m c=true&node=024.I.58&rgn=d i v5
Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education,hospitals,and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
Summary of the Resource Conservation and Recovery Act i US EPA
4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided, nor personnel employed under this Agreement,shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register : Political Activity-State or Local Officers or Employees; Federal
Employees Residing in Designated Localities1 Federal Employees
4.4 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S.Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.5 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
https://www.hud.gov/program offices/fair_housing equal opp/reasonable accommodations and
modifications
https://www.justice.g0v/crt/fair-housing-act-
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codi fication/executive-order/11063.htm i
Executive Order 11259- Leadership&Coordination of Fair Housing in Federal Programs
•
https://www.archives.gov/federal-register/codit ication/executive-order/12259.htm I
24 CFR Part 107-Non-Discrimination and Equal Opportunity in 1-lousing under E.U.
https://www.law.cornell.edu/cfr/text/24/part-107
4.6 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,goy/programdescription/title6
4.7 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
SUBRECIPiENi'shall cause or require a covenant running with the land to he inserted in the deed
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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(iustice,gov)
4.9 The Temporary Assistance for Needy Families Program(TANF)45 CFR Parts 260-265,the Social
Services Block Grant 42 1SC I397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR:45 CFR Part 260--General Temporary Assistance for Needy Families(TANF)Provisions
The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083, hops://www,govinfo.gov/content/pkg/USCODE-201 1-title20/htntl/USCODE-2011-title20-
chap68-subchapX.htin
4,10 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.
4.11 Purchase of American-Made Equipment and Products: SUBREC1PIENT assures that, to the
greatest extent practicable,all equipment and products purchased with finds made available under
this Agreement will be American-made.
4.12 24 CFR 570,601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
hops://ww w.gpo.gov/fdsys/pkg/CFR-2007-title24-vg 13/pdf/CFR-2007-ti t le24-vol3-sec570-
602.pdf
4,13 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPiENT'S Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
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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 SUL3RECIPiENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from 1-IUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires,
to the greatest extent feasible,opportunities for training and employment be given to low-and very
low-income residents of the project area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area in which the project is located."
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 holding job fairs, conducting on-the-job training,
outreach efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-Funded project is
located; where feasible, priority should be given to low-and very low-income persons within the
service area of the project or the neighborhood in which the project is located,and to low-and very
low-income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-Funded project is located;where feasible,priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low-
and very low-income participants in other HUD programs.
https://www.hud,gov/sites/documents/DOC 12047.PDF
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
https://www.govinfo.gov/content/pkg/FR-2020-09-29/pd f/2O20-19185.pd f
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
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4.14 SUBRECiPIENT shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto; provided, however, that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank,trust
company, or other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to CHS.
4.15 Age Discrimination Act of 1975, Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107,and 12086.
Age Discrimination Act of 1975
https://www.govinfo.gov/content/pkg/USCODE-1996-tit1e42/pd f/USCODE-1996-tit1e42-
chap76.pdf
11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478:Mips://www.archives..ov/federal-register/codification/executive-order/1 I478.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.htm1
12086:https://www.archives.gov/federal-register/codificat ion/executive-order/12086.html
4.16 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.17 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.hud.gov/sitesldfiles/documents/504compiiance.pdf
29 USC 776: https://www.govinfo.gov/content/pkg/USCODE-2010-title29/html/USCODE-2010-
title29-chap 16.htm
24 CFR 570,614: https:/Iwww.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-
570/subpart-K?toc=1
4.18 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program offices/fair housing equal opp
Americans with Disabilities Act of 1990,As Amended 1 ADA.gov
4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
https://www.govinfo.gov/content/pkg/FR-2005-01-04/pd1/05-6.0df
4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 40 USC 276a to 40 USC 276a-5
-https://www.govinfo.gov/content/pktJUSCODE-200 I-tit1e40/pdf/USCODE-200 I-tit1e40-chap3-
sec276a.pdf
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.ecfr.gov/current/title-29/subtitle-A/part-3
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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.ecfr.xov/current/title-29/subtitle-A/part-5_
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?nid=23675
4.21 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C.874 https://www.acquisition.gov/far/22.403-2
40 U.S.C.276c: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-Iit1e40-
section276c&num=0&edition=1 999
4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
htto://www.archivesaov/federal-register/codif ication/executive-order/1 I625.html
4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www,ecfr.govlcgi-bin/text-
idx?SID-9eae3 f8eaa991104 I I f383b74003bcb 1&mc=true&node=pt24,3,570&rkn=div5#se24.3.5
70 1607
E.O. 13279: https://www.govinf),Eov/content/pkg/WCPD-2002-12-I6/pdf/WCPD-2002-12-16-
Pg2I 56.pdf
4.24 Public Law 100-430-the Fair Housing Amendments Act of 1988. ,
STATUTE-102-Pg I619.pdf(govinfo.gov)
4.25 2 CFR 200 et seq- Uniform Administrative Requirements,Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.govicurrent/title-2/subtitle-A/chapter-1 Upart-200
4,26 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and subrecipients are
subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183.
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https://www.ecfr.gov/current/title-2/subtitle-A/chapter-1l/part-200/subpart-C/sect ion-200.215
https://www.ecfr.gov/current/title-2/subtitie-A/chapter-I/part-183
4.27 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-11/part-200/suhpart-C
4.28 immigration Reform and Control Act of 1986 1
S.1200-99th Congress(1985-1986): Immigration Reform and Control Act of 1986
Congress.gov i Library of Congress
4.29 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
b. Federal Water Pollution Control Act,Title 33 Chapter 26 1251,et seq.,as amended.
https://www.aovinfo.goy/app/details/USCODE-2011-title33/USCODE-2011-t itle33-
chap26-subchapl-sec1251
4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.if appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said
flood insurance.
42 USC 4002:www.govinfo.gov/app/details/USCODE-2010-title42/USCODE-20I0-title42-
chap50-sec4002
24 CFR 570.605 Subpart K https://www.ecfr.gov/current/title-24/subtitle-I3/chapter-
V/subchapter-Cfpart-570/subpart-K/sect ion-570.605
4.31 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.
https://www.ecfr.ggv/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-
K/section-570.608
4.32 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,
RENAISSANCE BALL SENIOR LIVING,LLLP huge 34
CU23-O)
Project Name.Pre-construction or I-lousing
16D 9
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal,State,or Local historic property list.
4.33 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-title4 I/USCODE-2009-title4 I-chap 10-
sec701 •
4.34 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.
24CFR 570.609,Subpart K: https://www.ecfr.gov/current/title-24/subtitle-B/chapter-
V/subchapter-C/part-570/subpart-K
https://www,archives.pov/federal-register/codification/executive-order/l 2549.html
4.35 SUBRECIPIENT agrees to comply with the following OMIB 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.
4.36 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. cCFR::2 CFR Part 200 Subpart F --Audit Requirements
4.37 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects
stated herein and approved by the COUNTY, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505. SUB RECIPIENT 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
RENAISSANCE IIALL SENIOR LIVING,LLLP
CD23-03 i ay.35
Project Name Pre-construction of Housing
16D 9
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606(bX2)that are displaced as a direct result of acquisition,rehabilitation,demolition,
or conversion for a CDBG assisted project.SUBRECIPIENT also agrees to comply with applicable
COUNTY ordinances, resolutions,and policies concerning the displacement of persons from their
residences.
https://www.gpo.gov/fdsys/granule/CFR-1999-tit 1e49-vol I/CFR-1999-t it1e49-vol I-sec24-10 l
https://www.govinfo.gov/app/details/CFR-20I 2-title24-vol3/CPR-20 12-titIe24-vol3-sec570-505
baps://www.ecfr.Rov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-
K/section-570,606
4.38 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds,other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.39 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/nortal/content/104877
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701 x,per 24 CFR 5111.
11.
eCFR:24 CFR Part 214 Subpart D-- Program Administration
httus://www.law.cornell.edu/cfr/text/24/5.1 I I
4,41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence,dating violence,sexual assault,and stalking,
regardless of sex,gender identity,or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https:l/www.federalregister.gov/documents/2016/1 I/16/2016-25888/violence-against-women-
reauthorization-act-of-20I 3-implementation-in-hud-housing-programs
RENAISSANCE HAIL SENIOR LIVING,LLLP1,-
CD23.03
Project Name:Pre-croslruction of Housing
16D 9
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Limited English Proficiency: SUBRF,CiPIENT 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 htip://www.lep.gov,
4.44 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
•
organizations from using financial assistance from HUD to fund explicitly religious activities,The •
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment •
•
is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff.Questions in this regard should be directed to the Office for
Civil Rights.
4.45 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. SUB RECIPIENT 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/UseofConvictioll Advisorv.pdf for more details.
4.46 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative body.
None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
31 U.S,C, 1352- Limitation on use of appropriated funds to influence certain Federal contracting
and financial transactions - Document in Context - USCODE-20I0-title3I-subtitlell-chap13-
subchapltl-sec1352(govinff.gov)
31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions I U.S. Code I US Law I LIl / Legal Information Institute
(cornell.edu)
RENAISSANCE HALL SENIOR LIVING,I-LLP
CU23-03 Page 37
Project Name:Pre-consrrudion or I lousing
i6D 9
4.47 False Claim;Criminal,or Civil Violation:SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds
18 U.S.Code§ 1001 -Statements or entries generally I U.S.Code j US Law I LI1/Legal information
Institute(cornell.edu) •
Beneficiaries are subject to this False Claims Act that include the following:31 U,S.C.3729-False
claims - Document in Context - USCODE-2010-title3l-subtitlelll-chap37-subchaplll-sec3729
(govinfo.gov'
31 U.S. Code § 3729 - False claims j U.S. Code I US Law j_Lll / Legal Information Institute
(cornell.edu)
4.48 Political Activities Prohibited: None of the Funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4,49 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving I
'hitehousc.gov(archives.gov)
4.50 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of SUBRECIPiENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
httns://oip•gov/funding/Explore/ProhibitedConduct-Trafficking.ht! .
4.51 Association of' Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any Federal Funds,either directly or indirectly,in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OJP.
4.52 if SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 I'a4c 38
Project Name:Pre•construction of Housing
16D 9
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 Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bi n/retrieveECFR7go=&S D=a004 b6b120934ace7a7 7de761 dc64c0&mc=true&n=pt37.1.401&r •
=PART&ty=HTML
4.53 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
•
either directly or indirectly, any favor, gill, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics
Ordinance No.2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
httos://www.lawserver.com/law/state/florida/statutes/florida statutes chapter I 12 part iii
Other possible site:
http://www.legstate.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URI,0100-
0199/01 12/0I I2PartlllContentslndex.haul&StatuteYear=202I&Title=%2D%3E2021%2D%3EC
hapter%20II2%2D%3 EPart%201I I
Collier County-
http://www.coll iergov.net/homelshowdocument?id=35 137
4.54 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement.To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.55 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.56 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRF,CiPIENT 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 Tl IiS AGREEMENT,COLLIER COUNTY AND THE SUBRECiPIENT
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 39
Project Name:Pre-construction or Housing
16D 9
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,"PHIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/20 12/4 4.102
4.57 As provided in§287,133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENI'certifies that it,its affiliates,suppliers,subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by§287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.58 Florida Statutes section 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida
private employers are required to verify employment eligibility for all new hires beginning January
I, 2021. Eligibility determination is not required for continuing employees hired prior to January
1,2021.
http://www.ieg.state.11.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
049910448/0448.html
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify (www.e-verifv.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses
E-Verify(and follows the proper E-Verify procedures, including in the event of a"Tentative Non-
confirmation"or a"Final Non-confirmation")to confirm employment eligibility for each hiring for
a position in the United States that is or will be funded(in whole or in part)with award funds.
Questions about E-Verify should be directed to Dl-IS. For more information about E-Verify visit
the E-Verify website (https://www.e-verify.gov/) or email E-Veri fy at E-Verify@adhs.gov, E-
Verify employer agents can email E-Verify at E-VerityEmploverAgent@dhs.gov.
4.59 Florida Statutes section 713.20, Part 1,Construction Liens
Statutes&Constitution :View Statutes:Online Sunshine(state.fl.us)
4.60 Florida Statutes section 119.021 Records Retention
Statutes&Constitution :View Statutes: Online Sunshine(stale.fl.us)
4.61 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0 1 99/01 1 9/Sect ions/0 1 19.07 l.ht m l
4.62 OSHA, Where SUBRECII'IENT employees are engaged in activities not covered under the
Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained, or receive services in buildings or surroundings or under working conditions which are
unsanitary,hazardous,or dangerous to the participant's health or safety.
4.63 Right to Know. Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety practices. The
SUBRECIPI ENT will comply with all applicable"Right to Know"Acts.
RENAISSANCE HALT.SENIOR LIVING,LLLP
CD23-03 Page•10
Project Name:Pre construction of l lousing
16D 9
4.64 Whistleblower Protections:
a. In accordance with 41 U.S.C. § 4712, the SUBRECIPIENT may not discharge,demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of' a federal contract or grant, a gross waste of federal
funds,an abuse of authority relating to a federal contract or grant,a substantial and specific
danger to public health or safety,or a violation of law,rule,or regulation related to a federal
contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
•
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate,discover, or address misconduct.
The SUBRECIPIENi'shall inform its employees in writing of whistleblower rights and remedies
provided under section 41 U.S.C.4712, in the predominant native language of the workforce.
https://uscode.house.gov/view.ahtml?red=(title:4I%20section:47I2%20ed ition:prelim)
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)
RENAISSANCE ..\I._ rw...
HALL SENIOR i-IVIN(i.LLLI'
CD23-03 P:uwc 41
Project Name:Pre-conslruction or Housing
1 6D 9
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.,.KINZRI,,CLERK
} �,�40 • BOARD OF COUNTY COMMISSIONERS
1.- .1\6,,,tte
�` r ' COLLIER COUNTY, FLORIDA
st 0 to;ChairTnP4 1.0 4l:rk
si nature one �. By:
- 9- .i.�• = 4.011%
AUN ERS,CHAIRPERSON
•
llalct.. -
._ ,) Date: Li i8i_zs -
AS TO SUBRECIPIENT:
WITNESSES: RENAISSA CC -IALL S IOR LIVING, LLLP
2 —
Witness#1 Signature
By:
—
)._,lSA to-ockS ST VE KIRK, P -SIDENT
Witness#1 Printed Name
1sso$ wo-i 3_o it k Cr c t- Date: 31419t-5
Witness#1 Physical Address j
wVu�w (Please provide evidence of signinguuNlui•iq�J
..?....'*"k
V
Witness#2 Signature
-/MIA U,dc4k
Witness#2 Printed Name
Ic Su) 34 l
t?des 4O
C gTa) Gi.P
Witness Ftysical Address
PJ
Approv
el a 'un htc hand legality:
1�� :I'
Jeffrey tl 1C'(,r24i ow,
County ttot ey
Date: it Jy
RENAISSANCE HALL.SENIOR LIVING,LI LP Pa c i^
CD23-03
Project Nome:Pre-construction of Housing
16D 9
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County Board of County Commissioners, do 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:
I. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County Board of County
Commissioners must be shown as an additional insured with respect to this coverage.
3. Automobile Liability insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in I —3 above,a Certificate of Insurance must be provided as follows:
4, Professional Liability Insurance, in the name of the SUt3RECiPIF,NT 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 SUBRF,CiPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in I -- 4 above, the SUBRECIPiENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any 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 Board of County Commissioners 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
RENAISSANCE HALL SENIOR LIVING,I.f.LP
CO23-03
Project Name.Pre•construction of Housing
16D 9
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 Board of County
Commissioners 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(1 00%)
of the replacement cost of the property. Collier County Board of County Commissioners must be
shown as a Loss payee, with respect to this coverage A.T.LM.A.
1 I. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFiP).The policy must show Collier County Board of County
Commissioners as a Loss Payee A.T.1.M.A.
RENAISSANCE 11ALL SENIOR LIVING,LLLP
CI)23-03
Project Name:Pre-consirucrion of dousing
1 6 D 9
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT •
SUBRECIPIENT Name: Renaissance Hall Senior Living, LLLP
SUB RECIPIENT Address: 49308 SW 380i1'Street, Florida City, FL 33034
c/o P.O. Box 343529
Florida City, Florida 33034
Project Name: Pre-Construction of!lousing
Project No: CD23-03 Payment Request#
Total Payment Minus Rctainage
Period of Availability: October 1,2024 _through January 5,2027
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
I.Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3.Amount of Today's Request(Total expenditures this $ $
period minus retainage, if applicable)
4.Current Grant Balance(Grant Amount minus previous $ $
requests minus today's request)
By signing this report, I certify to the best of my knowledge and belief that the information contained in
this report is true,complete and accurate, I am aware that any false, fictitious,or fraudulent information,or
the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud,
false statements, false claims, or otherwise (U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31,
Sections 3729-3730 and 3801-3812),
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and Division Director(Approval Required
below) $15,000 and above)
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03
Project Mane:Pre-construction or I lousing
16D 9
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System (IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUN'l'Y's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Renaissance Hall Senior Living,LLLP Date: 7
Project Title: Pre-construction of Housing IDIS#:
Program Contact: Steve Kirk _ Telephone Number: 305-242-2188
Activity Reporting Period Report Due Date
October 1"—December 3 I" January 10"'
January 1"—March 31" _April 10'h
April 1"—June 30'h July 10''
July l"—September 3011' October 10'h
•
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
012/31/24 ❑3/31/25 ❑6/30/2025 ❑9/30/2025 Final / /20_
Please note: The HUD program year begins October 1,and ends on September I.Each quarterly report must include
cumulative data beginning from the start of the period of performance October 1,2024.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October I,2024.
a. Outcome Goals:list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1:Complete design for Renaissance Hall Senior Living project
Outcome 2:Procurement/bid package completed and submitted to Ci-IS for review at close of loan
financing.
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome I:
Outcome 2:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain: _
3, Since October 1,2024;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a, ...now have new access(continuing)to this service or benefit? 0
b ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee S _ CDBG S
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ I IOPWA $
$ Total Entitlement $
Funds
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03
Project Name:Pre-construction of Housing
16D 9
S. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level arc reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults 0 Total No.persons served under 18 0
served(LMC) (LMC)
Quarter Total No.of Persons 0 _ Quarter Total No.of Persons 0
b. Total No.of Households 0 Total No.of female head of household 0
served(LMH) (LMH)
C. What is the total number of UNDUPLICATED clients served since October I,if applicable?
Answer question 6a or Gb,NOT both
•
For LivIC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults 0 Total No. Persons served under 18 0 •
served(LMC) (LMC)
YTD Total: 0 YTD Total * 0
h. Total No.Households 0 Total No. female head of household(LMH) 0
served(LMH)
1'TD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit cat gories. .
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUI'LIDI%E!)persons Indicate the total number of U,VDUPLICf1TED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question I16a presumed benefit category(the total should equal the
or 6b): total in question 06a or 6b):
a Presumed Benefit Activities Onl (LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI • 0 Migrant Farm Workers LI
Workers
r 0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/H1V/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
i1•I O D
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total I 0 YTD Total
Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question 06): .each income category(the total should equal the total
in question HG):
RENAISSANCE HALL SENIOR LIVING,LLLP
CO23-03
Project Name.Pre-construction of!lousing
16D 9
a ELI Extremely Low 0 b ELI Extremely Low 0
Income(0-30%) Income(0-30%)
LI Low Income(3I- 0 LI Low Income 0
50%)
MOI) Moderate Income 0 MOD Moderate Income 0
(51-80%) _- , (5I.80%)
NON-L/M Above Moderate 0 NON-LIM Above Moderate 0
> o >80%
Income( 80/o) Income( )
Quarter Total 0 VTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate otComplction or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category. In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic.(Total Race column Hispanic.(Total Race column should equal the total in
should equal the total in question 6) question 6.)
a. RACE ETIINICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American0 0 American Indian/Alaska 0 0
Indian/Alaska Native
Native
Native HawaiiaarOther Pacific Islander 0 0 Native Ilawaiian/Other Pacific 0 0
Islander
0 0 Black/African American& 0 0
Black/African American&White white
L__
0 0 American Indian/Alaska 0 0
American Indian/Alaska Native&
B Native&Black/Africanlack/African American
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Your typed name here represents your electronic signature
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03
Project Name:Pm-construction of Housing
16D 9
EXHIBIT C-1
Community Development Block Grant(CDBG)
Leverage Funds Report
Leverage Funds must be identified,tracked,and verifiable.Resources must be fully identified and described
as submitted Nvith SUBRECIPIENT's application.
Subrecipient Name: Renaissance Hall Senior Living, LLLP
Report Period:
Fiscal Year: -
Contract Number: CD23-03
Project: Pre-development Project Costs
Contact Name: Steve Kirk
Contact Number: 305-242-2188
•
Leverage Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
EXAMPLE
Source Amount Type Use
CDBG $1,000,000 Other Federal Land Acquisition
Funds
1-IOME $870,000 Federal Funds Infrastructure
Private Donation $1,200,000 Cash&In-Kind Infrastructure
Philanthropic $3,500,000 Cash—local funds 52 units Affordable Housing
Total Project Cost $6,570,000 Ratio: $1 Federal Dollar S2.51 Local
Funds
'Signature Page to Follow)
RENAISSANCE HALL.SENIOR LIVING,LLLP
CD2J-03
Project Name:Pre•construction of Housing
16D 9
I hereby certify the above information is true and accurate.
Signature: Date: — —
Printed Name:
Title:
Your typed name here represents vout' electronic signature,
. _
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03
Project Name:Pre-construction or!lousing
16D ' 9
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG to the
COUNTY, to the COUNTY, assistance to an eligible beneficiary. Please retain in your
organization's records and have on hand for future monitoring visits.
Effective Date: -
A. Household Information
Member Names—All Household Members Relationship Age
2
3
4
- 5
- 6
8
B. Assets: All Household Members, Including Minors
Member Asset Description Cash Value Income
_ from Assets
2
3
- 4
6
8 0.00
Total Cash Value of Assets B(a) 0,00
—111111111111
Total Income from Assets B(b) 0.00
If line B(a)is greater than$51,600,multiply that amount by the rate
specified by HtJD(applicable rate 0.45%)and enter results in B(c),
otherwise leave blank. B(c)
RENAISSANCE HALT,SENIOR LIVING,LLL.P
CD23-03
Project Name:Pre-construction of Housing
16D 9
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
_ I
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses, and greater of
overtime) box B(b)or
box B(c)
2 — above, in
3 box C(c)
below)
4
5 __ I
6
7
8
Totals (a) (b) (a) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in item A, acceptable
verification of current and anticipated annual income. 1/we certify that the statements are true
and complete to the best of my/our knowledge and belief,and are given under penalty of perjury.
WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 provides that
willful false statements or misrepresentations concerning income and assets or liabilities relating to
financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment
provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims -
Document in Context- USCODE-20 1 0-title3 I-subtitlelII-chap37-subchaplIl-sec3729(govinfo.gov)
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03
Project Milne:Pre-construction of Housing
16D 9
E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low-Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50th of the Very Low-Income(60 percent of VL1) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum income Limit$ ).
❑ Very Low-Income(VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low-Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Flack Hawaiian or White 0—25 26--40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity()Pile occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refirsal to give such information
will not affect any right he or she has to the CDBG program.
RENAISSANCE HALL SENIOR LIVING,LI.I.P
CD23-03
Project Name:Pre-construction of-Housing
16D 9
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of Federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when
the activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act
(Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during 1 •
during most recently completed Fiscal Year most recently completed Fiscal Year
Check A. or B. Check C if applicable
A.The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be .rovided within 30 da s of com.letion.
B.We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
n ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
RENAISSANCE.HALL SENIOR LIVING,LLLP
COP3-03
Project Trims: Pre-construction or I lousing
16D 9
Collier County
Community & Human Services Division
EXHIBIT F
INCIDENT REPORT FORM
Organization Name:
Organization Address:
Project No:
Grant Coordinator:
Date of Incident Time of Incident:
Report Submitted By: — --
(Name& Phone)
Description of Incident:
Location/Address of Incident:
Was Police Report Filed? ❑ Yes ❑ No
If Yes, Police Report Number: Jurisdiction:
Were there any warning signs that this type of Incident could occur? ❑ Yes ❑ No
If Yes,Explain:
What actions will be taken to prevent a recurrence of a similar incident?
I certify under penalty of perjury under F.S. 837.06 that the contents of this affidavit are true and correct.
Signature of Person Making Report Date
Printed Name
Title
Return completed form to: Kristi Sountag,Director,CHS
Collier County Community and human Services Division
3339 Tamiami Trail East,Bldg. H,Suite 213
Naples, FL 34112 Fax:(239)252-2638
16D 9
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